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Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."



H.C. DOCUMENTS 
CLEARINGHOUSE j 

JUN 29 1992 

N.C. STATE LIBRARY 
RALEIGH 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SESSION 

1991 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

GENERAL ASSEMBLY 
SESSION 1991 

JAMES C. GARDNER, President Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL, JR. , Deputy President Fro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 B. TOMMY POLLARD Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

6 R. L. MARTIN Bethel 

7 FRANKLIN H. BLOCK Wilmington 

8 HENSON P. BARNES Goldsboro 

9 ED N. WARREN Greenville 

10 JAMES E. EZZELL, JR. * Rocky Mount 

ROY A. COOPER III Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 JOSEPH B. RAYNOR Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

HOWARD N. LEE Chapel Hill 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

I. T. KAPLAN Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 JOHN CARTER Lincolnton 

JAMES FORRESTER Stanley 

HELEN RHYNE MARVIN Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 HERBERT LEE HYDE Asheville 

DENNIS J. WINNER Asheville 

29 CLARK PLEXICO Hendersonville 

ROBERT C. CARPENTER Franklin 

30 DAVID RUSSELL PARNELI Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 T.L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

(See Appendix for Senatorial Districts) 

* Died 1/30/91 (Unexpired Term Filled 2/20/91) 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_6 



SENATE JOURNAL 

FIRST SESSION 1991 



FIRST DAY 

Senate Chamber, 

Wednesday, January 30, 1991. 

In accordance with law, as set forth in the Constitution of the State of North Carolina 
and G.S. 120-11.1, the Senate of the General Assembly of North Carolina assembles 
this day, at the hour of 12:00 Noon, in the Senate Chamber of the Legislative Building in 
the City of Raleigh. 

The Honorable James C. Gardner, Lieutenant Governor, calls the Senate to order. 

The Sergeant-at-Arms of the 1989 Session of the General Assembly is recognized and 
announces the arrival of the members of the Supreme Court at the door of the Senate. 
The President directs the Sergeant-at-Arms to open the doors of the Senate and escort 
the members of the Supreme Court present to their seats. 

The Sergeant-at-Arms is recognized and announces the arrival of the Alamance Cho- 
rale at the door of the Senate. The President directs the Sergeant-at-Arms to open the 
doors of the Senate and escort the members of the Alamance Chorale to the Well of the 
Senate. The President expresses appreciation to the group for the program of music 
rendered prior to the convening of the Session and for their participation in the remainder 
of the opening ceremonies. (See Appendix) 

Prayer is offered by Colonel Aubrey McLellen, State Chaplain for the North Carolina 
National Guard, as follows: 

"Eternal God, Thou Who didst create this earth and all who dwell therein, from our 
beautiful mountains to our sandy shores, the rich and fertile plains of our countryside. 
You've been so gracious to us. And from our homes You have called young men and 
young women to be strong and with a good courage. You have instilled in them and in us 
the desire to love peace more than tyranny. Thus the call has come again and North 
Carolina has sent forth her best, and they stand poised in the sands of the desert because 
they are North Carolinians and their desire is for peace in the world. 

"We remember them this day, and I pray that Your all encompassing arms shall be 
both their shield and buckler. Remember their families who stayed behind but who are so 
important for the accomplishment of their mission, and for the good citizens of this State 
who care and who have showed their concerned, to shield from the enemies of cold and 
hunger, those who have morally left to support families and businesses and industries 
and all of those things which were their normal duty. I pray for Your blessings upon the 
families of our soldiers this day. 

"Now count out Your blessings to be upon this assembly. As we open this 1991 Ses- 
sion of this great Body, I pray that as You have in other times raise up men and women 
who are unafraid, who are strong and with a good courage. I pray for sounder judgement 
and wisdom for their undertakings. Would You instill in them and in us that the care of 
our fellow man and this great State must exceed those personal desires and ambitions 
that so often tempt us. Deliver us from that great mistake. For our Governor and this 
President of this House bring unto them that wisdom, and so, our Heavenly Father, in all 
of our ways we acknowledge Thee believing that You will direct our path. So I commit 
these unto You, and I make this prayer in Your most Holy Name. Amen. May God 
bless you and may God bless America." 



January 30, 1991 



SENATE JOURNAL 



[Session 



PRESENTATION OF THE COLORS 

The Chair orders the Sergeant-at-Arms of the 1989 Session to open the doors of the 
Chambers for the presentation of the colors by the Color Guard of the Headquarters State 
Area Command of the North Carolina National Guard. Led by the Lieutenant Gover- 
nor, the Senators-elect and distinguished guests remain standing and pledge allegiance 
to the United States of America. (See Appendix) 

The Alamance Choral sings the National Anthem. The Chair dismisses the Color 
Guard which recesses from the Senate Chamber, followed by the Alamance Chorale. 



CALL OF THE ROLL 

The Chair directs the Reading Clerk of the 1989 Session to call the roll by Senatorial 
District and the following Senators-elect appear with the proper certificates of election 
received from the Secretary of State, the Honorable Rufus Edmisten: 



First District 
Second District 
Third District 
Fourth District 
Fifth District 
Sixth District 
Seventh District 
Eighth District 
Ninth District 
Tenth District 
Eleventh District 
Twelfth District 

Thirteenth District 

Fourteenth District 

Fifteenth District 
Sixteenth District 

Seventeenth District 

Eighteenth District 
Nineteenth District 
Twentieth District 

Twenty-first District 
Twenty-second District 
Twenty-third District 



Marc Basnight 

Frank W. Ballance, Jr. 

Beverly M. Perdue 

Tommy Pollard 

Wendell H. Murphy 

R. L. Martin 

Frank Block 

Henson P. Barnes 

Ed Warren 

James E. Ezzell, Jr. 

James D. Speed 

Lura Tally 
Joe Raynor 

Ralph A. Hunt 
Kenneth C. Royall, Jr. 

Joseph E. Johnson 
J. K. Sherron, Jr. 
William W. Staton 

N. Leo Daughtry 

Howard Lee 
Russell Walker 

J. Richard Conder 
Aaron W. Plyler 

R.C. Soles, Jr. 

Bob Shaw 

Ted Kaplan 
Marvin Ward 

George Daniel 

Fletcher L. Hartsell, Jr. 

Betsy L. Cochrane 
Paul S. Smith 



January 30, 1991 



1991] SENATE JOURNAL 7 

Twenty-fourth District William D. Goldston, Jr. 

A. P. Sands, III 

Twenty-fifth District Helen R. Marvin 

John Carter 
James Forrester 

Twenty-sixth District Austin M. Allran 

Howard Bryan 

Twenty-seventh District Donald R. Kincaid 

Dan R. Simpson 

Twenty-eighth District Herbert Hyde 

Dennis J. Winner 

Twenty-ninth District Clark Plexico 

Robert C. Carpenter 

Thirtieth District David R. Parnell 

Thirty-first District William N. Martin 

Thirty-second District Mary P. Seymour 

Thirty-third District Jim Richardson 

Thirty-fourth District T.L. Odom 

Thirty-fifth District John G. Blackmon 

Those present take and subscribe to the following oath of office, which is administered 
by the Honorable James G. Exum, Chief Justice of the Supreme Court of North Carolina: 

"I do solemnly swear or affirm that I will support the Constitution and laws of the 
United States; and I do solemnly and sincerely swear or affirm that I will be faithful and 
bear true allegiance to the State of North Carolina, and to the constitutional powers and 
authorities which are or may be established for the government thereof; and that I will 
endeavor to support, maintain, and'defend the Constitution and laws of said State, not 
inconsistent with the Constitution of the United States, to the best of my knowledge and 
ability; and I do solemnly and sincerely swear or affirm that I will faithfully discharge the 
duties of my office as a member of the Senate of the 1991 General Assembly of the State 
of North Carolina to the best of my skill and ability, so help me, God." 

To which oath each Senator answers, "I do." 

The President declares a quorum of the Senate present. 

The President expresses appreciation to the Justices and Judges of the General Court of 
Justice for their participation in today's opening ceremonies and extends courtesies of the 
floor to the Honorable James G. Exum, Chief Justice of the Supreme Court of North 
Carolina; and to the Honorable Willis P. Whichard, Associate Justice of the Supreme 
Court of North Carolina; the Honorable Burley Mitchell, Associate Justice of the Su- 
preme Court of North Carolina; the Honorable John Webb, Associate Justice of the 
Supreme Court of North Carolina; and the Honorable Harry C. Martin, Associate Jus- 
tice of the Supreme Court of North Carolina. 

The President extends courtesies of the floor to James R. Turner, former Senator from 
Guilford County, and courtesies of the floor and gallery to the families, friends, and 
guests of the Senators. 

ADOPTION OF RULES 

Senator Barnes offers a motion that the Rules of the 1989 Senate be adopted as the 
temporary Rules of the 1991 Senate with the exception of the Rules 32 and 34, which are 
rewritten to read as follows: 



January 30, 1991 



8 SENATE JOURNAL [Session 

"RULE 32. List of standing committees.— The standing committees shall be: 

Agriculture, Marine Resources, and Wildlife 

Alcoholic Beverage Control 

Appropriations 

Appropriations on Education 
Appropriations on General Government 
Appropriations on Human Resources 
Appropriations on Justice and Public Safety 
Appropriations on Natural and Economic Resources 

Banks and Thrift Institutions 

Base Budget 

Children and Youth 

Constitution 

Education 

Election Laws 

Environment and Natural Resources 

Finance 

Higher Education 

Human Resources 

Insurance 

Judiciary I 

Judiciary II 

Local Government and Regional Affairs 

Manufacturing and Labor 

Pensions and Retirement 

Public Utilities 

Redistricting 

Legislative Redistricting 
Congressional Redistricting 

Rules and Operation of the Senate 

State Personnel and State Government 

Transportation 

Travel and Tourism and Cultural Resources 

Veteran Affairs, Law Enforcement, and Senior Citizens 

Ways and Means" 

"RULE 34. Membership of Committees; Quorum.— Membership on standing 
committees shall consist of not more than 20 nor less than 5 Senators, including the 
chairman and vice-chairmen and ranking minority member; provided that the Appropri- 
ations Committee, Base Budget Committee, Finance Committee, and Redistricting 
Committee shall not be limited as to membership. The President Pro Tempore shall have 
the exclusive right and authority to determine the number of members of each commit- 
tee. Membership of each standing committee shall with respect to each political party be 
in the same proportion to the nearest whole person as the proportion of membership by 
political party in the entire Senate. No Senator shall hold membership on more than 12 
standing committees unless the committee on Rules and Operation of the Senate provides 
otherwise. 

A quorum of the Appropriations, Base Budget, Ways and Means, Redistricting, and 
Finance Committees shall consist of a majority of the Committee. A quorum of any 
other committee shall consist of either the chairman and 5 members or a majority of the 
committee, whichever is fewer." 

The motion of Senator Barnes prevails and the chair declares the temporary Rules of 
the 1991 Session adopted. 



January 30, 1991 



1991] SENATE JOURNAL 9 

The President announces the Senate is ready to proceed with the election of officers, 
and declares the floor open to nominations for President Pro Tempore. 



ELECTION OF OFFICERS 

Senator Winner offers a motion the remarks of the Senators offering nominations and 
the responses of those elected be spread upon the Journal, and further moves that the 
members be allowed to deliver their remarks from the Well of the Senate, which motions 
prevail. 

The President recognizes Senator Winner who offers the following remarks from the 
Well of the Senate: 

"An ancient Chinese philosopher, Lao Tsu, who lived over twenty-five hundred years 
ago and who is reputed to be the founder of the religion Taoism once said, 'I have three 
treasures, guard and keep them. The first is deep love, the second is frugality, and the 
third is not to dare to be ahead of the world. Because of deep love one is courageous. 
Because of frugality one is generous. Because of not daring to be ahead of the world one 
becomes the leader of the world.' 

"Mr. President, I place a nomination for election for the Office of President Pro Tem- 
pore of the North Carolina Senate, the name of Henson P. Barnes, Senator from Wayne 
County. The North Carolina Senate is truly a group of leaders. Each and every one of 
the fifty would not be here were it not so . But more than any other kind of group , a group 
of leaders needs its own leader, otherwise, we would be going in our own direction and 
nothing would ever be accomplished. This is a difficult time for state government and 
particularly for North Carolina. Money is short and given the President's speech last 
night which alludes to more responsibilities being placed on state government, its bound 
to be shorter. But services are needed. 

"The public demands that our educational system be improved. The public demands 
that our already world-class university system and community college system maintain 
their excellence. But naturally the public does not want to pay any more for these ser- 
vices and others. In such times strong and capable leadership is demanded. I put to you 
members of the Senate that Henson Barnes is the man of the hour. 

"Henson Barnes through the years has exhibited the three treasures of Lao Tsu. He 
has shown to us all his deep love for this State and for its people and because of this love 
he is courageous. He has also exhibited frugality never wanting to tax the public for one 
dime more than is absolutely necessary to provide the services which they needed and 
desired. And because of this frugality he has shown his generosity to people of the State. 
Finally, even though I'm sure he's been tempted many times, he has refrained from 
being ahead of the State, pushing and pulling the public where it did not wish to go, and, 
therefore, he has become a leader of the State taking each of us and the other six and a 
half million North Carolina citizens where those North Carolinians wish to be. 

"I'm satisfied that each of you who has been here, Republican or Democrat, recog- 
nizes all of this. That has shown to me because the Senate worked together during the 
1989-90 bienium better than I have ever seen it. Each Senator felt part of the process 
and therefore worked better together for the good of the State. And so I'm sure that my 
nominee will be re-elected to the post as he well deserves. Then when he is elected and 
when we are all in the throes of this session occasionally divided by party more often 
divided by issues , the strong man from Goldsboro who has lead us before with quiet words 
and leadership by consensus-building rather than domination will be there to lead us to 
the solutions that the public wants. 

"When I was thinking about this session and started thinking about what it's like in 
here sometimes it made me go back and read a little children's poem that Rudyard Kip- 
ling wrote in the Jungle Book called the 'Law of the Jungle. ' He offers me things that 
would be applicable to this Body but one thing I want to leave you with. It's advice which 



January 30, 1991 



10 SENATE JOURNAL [Session 

I hope each of us will heed . ' When pack meets with pack in the jungle , and neither will go 
from the trail, lie down 'till the leaders have spoken, it may be fair words that prevail. ' " 

The President recognizes Senator Hunt who offers the following remarks: 

"Ladies and gentlemen of the Senate, I stand here today to second the nomination of 
Senator Henson P. Barnes as President Pro Tern of the North Carolina State Senate for 
the 1991 and 1992 Session. 

"Needless to say to those of you who are incumbents and perhaps to those of you who 
are newcomers you have learned that during the last session, we found ourselves faced 
with many tough and challenging problems. We will again be faced with some of those 
problems, only this time of a greater magnitude. Understanding this, what more valu- 
able leadership resource can we have in place than a leadership which has been tried, 
tested and proven to meet tough challenges and to meet them head-on. 

"A fifteen-year veteran legislator, with fourteen of those years in the Senate is evi- 
dence that Senator Barnes is experienced, knowledgeable and understands the process. 

"I, therefore, ask you, my colleagues, to join me in supporting the nomination of Sen- 
ator Henson P. Barnes for re-election to the important position of President Pro Tempore 
of North Carolina State Senate." 

The President recognizes Senator Kaplan who offers the following remarks: 

"Ladies and gentlemen of the Senate, it is a distinct privilege to second the nomination 
of Senator Barnes. I've, as you know, worked with him very closely during the last ses- 
sion and some of you may not know he's one of eleven children so he has a great deal of 
experience in forming a consensus, being a part of such a large family. He shared that 
with all of us during the last session. I'm looking forward to working with him again, 
we've got a tough year ahead of us and we've got some great people to support him and I 
hope that you'll support him for President Pro Tempore of this Session. Thank you. " 

The President recognizes Senator Shaw who offers the following remarks: 

"I was talking to Senator Barnes this morning in a little meeting we had and I found out 
that Senator Kaplan said that he was one of eleven children. His father was a minister. 
He said that his father was a Republican and his mother was a Democrat and so Henson 
wound up in life following his father's religion and his mother's politics. He also made a 
statement this morning and I appreciate it because it's the character of the man. He said 
that, 'we're going to have a tough job this year working out the problems but we can do 
it. ' But, he said 'let's agree on one thing' he said, 'let's have fun doing it, ' and that's 
the character of Henson Barnes. I remember the first year I was down here. Everywhere 
I went I would see this man and he was always grinning at me. And I asked somebody 
who is that nice man and they said, Henson Barnes. So, with a lot of pleasure, I take 
delight in seconding the nomination of the Gentleman from Wayne County. Thank you. 

"Mr. President, I move that the nominations be closed." 

The motion offered by Senator Shaw that the nominations be closed and that Senator 
Henson P. Barnes be elected President Pro Tempore of the Senate by acclamation pre- 
vails (49-0). 

Being declared duly elected, the President appoints Senator Martin of Pitt, Senator 
Ballance of Warren, Senator Raynor of Cumberland, Senator Seymour of Guilford, Sen- 
ator Odom of Mecklenburg, Senator Ezzell of Nash, and Senator Plexico of Henderson 
to escort the President Pro Tempore-elecl, Senator Barnes, to the Well of the Senate. 
Senator Martin of Pitt addresses the Chair and presents the President Pro Tempore- 
elect, Henson P. Barnes. 

The Chair directs the Sergeant-at-Arms to escort the wife of the President Pro Tem- 
pore-elecX, Kitty Allen Barnes, to the Well of the Senate where she joins Senator Barnes 



January 30, 1991 



1991] SENATE JOURNAL 11 

as he receives the prescribed oath of office which is administered by the Honorable Willis 
P. Whichard, Associate Justice of the Supreme Court of North Carolina. Senator 
Barnes is recognized to address the membership from the Well of the Senate and offers 
the following remarks: 

"To the Justices and the Judges of the Court of Appeals and especially to Justice Whi- 
chard, I thank you for coming over. To the Senate members, to all of the guests that we 
have today, especially our families, to our friends and guests in the gallery I thank you 
very much for participating with us today in regards to this opening ceremony. You bring 
honor to us. To Senator Winner and to Senator Hunt, to Senator Shaw and Senator 
Kaplan and to the escort detail that brought me in I thank you very much for the kind- 
nesses of the nominating speeches, and for the pomp and ceremony, and for your confi- 
dence today. I pledge to you I'll represent you in this position to the best of my ability as 
Justice Whichard said, 'so help me, God.' 

"We are facing a 1991 Session that will start today. They tell us that we have the 
largest shortfall of any session that has ever come down to the City of Raleigh. They say 
going back to 1933, when we had in the depths of the Depression the Legislature come to 
town, that we had the worst economic problems in trying to continue the progress of this 
State since that particular time. And they're right, we've been getting the figures. 
We've been reading about them, we're trying to put them together. We face some formi- 
dable challenges. We faced some tough challenges in the 1989 Session and it would be 
appropriate to take a quick look at how we dealt with them at that time. 

"Of course we had, at that time, highways in this State, that we needed better roads. 
At one time we were known as the Good Road State, Senator Goldston, and other states 
have gotten ahead of us and it was affecting our ability to attract industry to this State. 
We also faced at that time the fact that we had gone to the last in the nation in regards to 
SAT scores. We faced a shortfall of 1989 also, not in the magnitude that it is now, 
Senator Seymour, but a large shortfall. We faced in 1989 infant mortality that was one 
of the highest ones in the nation, Senator Cochrane, and we faced many other problems 
and burdens of an economy that was declining in 1989. We dealt with it in a fashion that 
looked forward to the year 2000. You not only dealt with the problem that was before 
you, you dealt with the future. The Highway Trust Fund, the first time in the history of 
the State that this Legislature has ever attempted to set a plan in motion that would run 
for twelve years in building highways. It was well done. We've been commended by the 
people throughout this State for the Highway Trust Fund but I'll tell you this, it'll build 
the roads in this State between now and the year 2000. There'll be very few roads built 
without it. 

"In regards of our schools, we looked at Senate Bill 2 which is a complete reorganiza- 
tion of our schools and moved the autonomy back to the local level. We asked for some 
accountability that they need here recently in regards of the report card, Senator Conder, 
came through Senate Bill 2. And until year 2000, Senate Bill 2 will affect the schools 
more than any other major item of legislation that we have passed down here. It is the 
most major item of legislation that has been passed in the General Assembly since 1945 
when the autonomy of the control of the local operation of schools was transferred to 
Raleigh. 

"We looked at infant mortality and we put a lot of money in that area and that is 
improving. It is a matter that Senator Ezzell will have to look at again this time because 
like other problems it is a continued problem facing the State. We are facing some tough 
times this time. The billion-dollar shortfall of more than six hundred fifty million or 
billion dollars, depending on what priorities you bring to your figures as you add into it, it 
is a lot of money and affects this State drastically. 

"The first thing we will charge the Appropriations Committee to do is to sit down and 
look at every program in this State to determine whether or not that program is a necessity 
to the operation of the State or nicety. If the program can be cut, then we will— without 
doing harm of the State of North Carolina— we will look at cutting that particular pro- 
gram. If we can do so, we will try to balance the budget in regards to cutting programs 



January 30, 1991 



12 SENATE JOURNAL [Session 

and looking at exemptions in regards to the Finance Committee. There are those in this 
State that say we do not have a problem in income, despite the fact that the last time you 
increased taxes for the State three cents was back in 1933; the other two cents you put on, 
ladies and gentlemen, goes back to the counties but in the State we have had three cents 
since then. 

"In 1936 we set the income tax rate in this State at seven percent. So more than 50 
years, our tax structure has basically remained the same. If we are overspending, we 
want to find out. Of course the facts show that in the States of the Nation, we are per 
capita generally low in regards in what we are spending for schools, what we are spending 
for highways, what we are spending for the heath care of our people, what we are spend- 
ing for most major items that are furnished by states to the people of their state. So we 
will look at that problem and if we come to a conclusion that this state cannot go forward 
without looking at some enhancement of revenues, be up front about the "T-word" to 
some taxes of this State, then I have no doubt that this Legislature will come forward and 
do what you have been elected to do and raise enough money to see that this State contin- 
ues in this progressive manner. 

"In 1989, we said we would have a new beginning for a brighter future. And we did. A 
lot of the work we did will carry forward to the year 2000. In 1991 , when we are looking 
at other major problems, we should look not only at solving the problems we have this 
time but trying to carry our State forward to the year 2000 and doing the best we can at 
that time. In 1989, we said that neither work without dreams nor dreams without work 
will accomplish anything lasting. And that's true. 

"Ladies and gentlemen, at this time as we look at what we are going to do in the 1991 
Session, let us through perseverance, let us through reason and hard work, let us dream 
where we think the State should be and work to accomplish that dream. We can do so by 
working cooperatively together, all of us, Senator Shaw. We all will work together and 
the bottom line will be that when we finish is that we will have done well for this State. 
We will have done well for this State if we have worked hard to improve the common good 
of the people of North Carolina. 

"In this State, our motto is whether we grow strong or the strong grow great, let us 
work hard to see that that is not just a motto but a reality. And I believe the 1991 
Legislature can accomplish that. Thank you for voting for me in this, and I appreciate 
your confidence. I look forward to working with you. Thank you." 

The President declares the floor open to receive nominations for Deputy President Pro 
Tempore and recognizes Senator Daniel who approaches the Well of the Senate and of- 
fers the following remarks: 

"Mr. President and fellow Senators, Mr. Chief Justice, Justices, ladies and gentlemen 
and all: Four years ago when I began my first term here in the North Carolina Senate, 
when I came down here, I had a lot of the seasoned veterans to offer me survival tips in 
these hallowed halls. And I must say these survival tips ranged from things such as who 
to see, what committees to seek, what committees to steer away from, where to stay, the 
events to attend, and also even where to eat so that I could keep up on the uncertified 
legislative news. Yes, these survival tips, Senator Plexico, and Senator Perdue, and 
Senator Carter, I'll say that, right now, I needed every one of them. I soon began to 
notice, however, there was a pattern among these advisors. Everyone of them that 
talked to me, that kept filling me in on 'that fellow Royall.' 

"Now, I've been a student of the Legislature for some time, and this advice was begin- 
ning to sound to me something like a warning. 'That fellow, Royall is tough, ' they said, 
'when you get ready to face him in committee or on the Senate floor, you'd better have 
your case ready and your figures right, and you had better be able to project the fiscal 
impact of your legislation for at least twenty years down the road. ' They told me also 
'that fellow, Royall, was powerful.' One fellow put it this way, 'that fellow, Royall, 
carries the key. If you want something from the smokehouse you better see that fellow, 
Royall, because he carries the smokehouse key, and he carries it up high and close to his 



January 30, 1991 



1991] SENATE JOURNAL 13 

vest. ' Another thing they told me was that he was as stubborn as a blue-nosed mule, if 
he needs to duke it out with somebody, anybody, if he thinks he needs to do that to get the 
job done, he will do it and be darn good at it. 

"Now, I may be from the country from Caswell and Alamance Counties, but I'll tell 
you, ladies and gentlemen, I was starting to get the message. As a matter of fact I heard 
so much about 'that fellow, Royall, ' that if I had not known him before-hand I would 
have thought that was his full name. It was just about that time the words to a song from 
the sixties kept coming back to me again and again, I'm sure you remember that verse of 
that immortal song by Jim Croce 'Bad, Bad, LeRoy Brown' when he said, 'You don't 
tug on Superman's cape, you don't spit into the wind, you don't pull the mask of the old 
Lone Ranger and for God in Heaven's sake you don't mess with Ken.' 

"And it didn't take me long to see 'that Royall fellow' was pretty much everything that 
I had been advised of. He is tough, he is powerful, and he will fight for something he 
believes in at the drop of a hat. But I also learned a lot more about 'that Royall fellow. ' I 
learned more that he was more than tough, more than powerful, more than quick to 
fight. I learned that he was one darn fine legislator. 

"'That Royall fellow' watches over the handling of the State's dollars as if they were 
his own. In the face of opposition, he is tenacious and directed. He is smart as a whip, 
he is thorough, he makes other people do their homework, he has a flypaper memory, 
and he can be said to be nothing less than a master of the budgetary process. 

"In times of confusion, pressures from all sides, hasty decision, he keeps on being 
'that fellow, Royall. ' Not much concerned about his opposition, not much influenced by 
political expediency. Perhaps he heard somewhere along the way that which I heard that 
'the rare individual who unselfishly tries to serve others has an enormous advantage — 
and that enormous advantage is that he has little competition.' 

"Little competition, yes, and a man of few words. That's Kenneth Royall. He 
doesn't use six words where one would do — or to say it my way, 'he puts the hay down 
where the goats can get at it. ' 

"As Senate Appropriations Chairman, 'that fellow, Royall' replaced or succeeded 
one of the greatest legislators this State has ever known , the beloved Ralph H . Scott from 
Hawfields of Alamance County. He counted Kenneth Royall among one of his favorite 
people and as his friend. 

"A friend of mine went to visit 'Mr. Ralph' up in Hawfields some time ago and they 
found him watching the news on television. With apologies to my Republican friends 
(and his), he was talking about how sad it was at that time that all these Republicans 
were getting elected to office. They said he said the best thing that could ever happen to 
this State if Kenneth Royall would run for Governor. 

"A few weeks later my friend was visiting 'Mr. Ralph' again. They asked him 'Mr. 
Ralph, are you still supporting Ken Royall for Governor?' He said, 'Hell no, I'm not 
gonna support Ken Royall for Governor, I don't know why he'd think he'd wanna run, 
he's already more powerful than the Governor.' 

"I learned a lot more than I can ever say from the both of them and I consider it a 
distinct privilege to operate in their huge shadows. I truly believe that the Old North State 
is a decidedly better place today because 'that Royall fellow' has invested uncounted 
hours protecting Her and loving Her. The sage advice of a popular country music tune, 
Senator Plyler and Senator Conder, from an artist from your District, Randy Travis, 
pretty much sums up my feelings that I'm giving this nomination today. Mr. Travis says 
'I ain't lived forever, but I've lived enough. I've learned to be gentle and I've learned to 
be tough. I found only two things that last to the end, one is your heroes, the other your 
friends. Your heroes will help you find the good in yourself, your friends won't forsake 
you for somebody else. They'll both stand beside you through thick and through thin. 
That's how it is with heroes and friends. ' 

"Ladies and gentlemen, it is my distinct honor and privilege to offer to the nomination 
for Deputy President Pro Tempore one of my heroes, and forever a friend, The Honor- 
able Kenneth Claiborne Royall, Jr., from Durham, North Carolina." 



January 30, 1991 



14 SENATE JOURNAL [Session 

The President recognizes Senator Murphy who offers the following remarks: 

"Ladies and gentlemen of the Senate, I stand to second the nomination of Kenneth 
Royall as Deputy President Pro Tempore for the 1991 Session of the General Assembly. 

"Most of us have worked with Kenneth over the years, and we have witnessed his 
abilities as a top-notch legislator. His understanding of the legislative process is com- 
mon knowledge in this arena. Kenneth Royall is to the Legislature what a hole-in-one is 
to a golfer. You don't get them very often, but when you do, they are memorable and 
they make you work harder than ever before because you know it's something that can be 
done. 

"He is loyal to his colleagues, the legislative process, and most important he is loyal to 
this great State. He is loyal to his causes and a champion of the unfortunate in our 
society. Because of his keen interest in the mentally ill, he was instrumental in the for- 
mation of the Mental Health Study Commission nine years ago, and Kenneth continues 
to serve as the Co-Chair of the Commission today. The Royall Cottage at Butner was 
named after the Senator in recognition of his commitment to the plight of the mentally ill. 
He has a good overview and sense of all of North Carolina. His is not a state-wide 
office, but he has a state-wide view. He listens with compassion to folks whether they 
are from Durham, or down east, the sandhills, the coast or the mountains. The compas- 
sion does not stop at the boundaries of the 13th District. 

"In conversations with Kenneth, I have noticed and I know you have the phrase, he 
always says, 'I understand, I understand. ' He says it a lot, and he does understand a lot 
about the process, the issues, and of course, the people. 

"This is a person who gets things done. He does not have a hidden agenda. What you 
really get is what you see. There aren't any motives for higher office. Whether he is with 
you or against you, you always know his stand because he will tell you in language that 
you cannot mistake. 

"Stewardship carries with it a charge and a responsibility. The charge is to manage 
and to take care of that which has been entrusted. As members of the Senate, we are 
charged with the responsibility of doing what is best for the people, and for this great 
State. More times than I can remember, making decisions and voting on issues has been 
difficult and everyone in this room knows that, but it is what we have been elected to do. 

"The man whose name is before you is in the very truest sense of the word a steward. 
He takes the responsibility that he has earned and that his colleagues have given him over 
the years, and uses it for the good of the State. 

"Harry Truman said it and Kenneth Royall paraphrased it. 'I can stand the heat, and I 
am not getting out of the kitchen.' 

"I ask for your support for Kenneth Royall as Deputy President Pro Tempore of the 
North Carolina Senate. Thank you, very much." 

The President recognizes Senator Hyde who approaches the Well of the Senate and 
offers the following remarks: 

"Mr. President, fellow Senators, you note that I came to the Well. I did because 
somebody suspended the rules and I wanted to take advantage of it. I remember once in 
the House a member was appointed chairman of the committee and only one bill came 
before that committee the whole session. He brought it to the floor of the House, some- 
one moved to amend it which would have effectively killed it. He argued against that for 
sometime; I didn't listen to the argument, didn't really understand the amendment, but 
finally meaning to move to lie upon the table he said, 'I do move that the amendment do 
lie upon the floor. ' I then seconded because I thought I'd never get another chance. So I 
approached the Well. I may never get another chance and I especially want to thank the 
Clerk for correcting the yearly meeting giving me back the years of my life, I appreciate 
that. I stand to second the nomination of Kenneth Royall. 

"Kenneth Royall is the Dean of this Body. I served before he did but he served longer 
and more continuously. He served in the House and in the Senate and I remember many 
years ago after the 1973 amendments became effective to the Constitution, we had a 



January 30, 1991 



1991] SENATE JOURNAL 15 

committee composed of House and Senate members. Kenneth came to us with a resolu- 
tion, saying that we really ought to meet not every two years but every year concerning the 
budget. But he asked that we put in that we meet only ninety days the first year and sixty 
the second and some of us lawyers told him that that was unconstitutional. We adopted 
the resolution : you ' ve been adopting it ever since . The public might agree with him , now 
that maybe that's what we ought to do. But any rate, that takes you back to those years 
he had the welfare of the people of this State at heart and he knew what he was about. 
"I've known him all these years and I rise to speak here and I also want to tell you one 
other thing, it's not pertinent perhaps to this election, but his father was a friend of mine. 
Kenneth Royall, Sr. was the last Secretary of War this country ever had and the first 
Secretary of the Army. That's the historic truth and I served under him in World War II. 
And forty years ago I went to law school in New York City, the Yankees paid me to go 
and I went up there and learned a little law from them. The man who was backer of the 
scholarship which I had and which the Chief Justice also went under had as a part of that 
program to find somewhere in that city a lawyer from our home State to counsel us, or to 
be our mentor. He found Kenneth Royall. He was my mentor and my counselor, that 
was forty years ago this year. That's a long time; But I still remember that and the 
people of this State remember the name of the family Royall; Kenneth Sr. , Kenneth Jr. , 
and what they've done. And I want the opportunity to work with Kenneth Royall as 
Deputy President Pro Tempore of this Senate. And I second that nomination. Mr. Pres- 
ident, having seconded that nomination, I now move that nominations be closed and 
that Kenneth C. Royall, Jr. be elected by acclamation as President Pro Tempore of the 
North Carolina Senate." 

The motion offered by Senator Hyde that the nominations be closed and that Senator 
Kenneth C. Royall, Jr. , be elected Deputy President Pro Tempore of the Senate by accla- 
mation prevails. 

Being declared duly elected, the President appoints Senator Plyler of Union, Senator 
Hunt of Durham, Senator Walker of Randolph, Senator Lee of Orange, and Senator 
Ward of Forsyth to escort the Deputy President Pro Tempore-elect to the Well of the 
Senate. 

Senator Plyler addresses the Chair and presents the Deputy President Pro Tempore- 
elect, Kenneth C. Royall, Jr. 

The Chair directs the Sergeant-at-Arms to escort the wife of the Deputy President Pro 
Tempore-elecX, Julia Bryan Zollicoffer Royall, to the Well of the Senate where she joins 
Senator Royall as he receives the prescribed oath of office which is administered by the 
Honorable James G. Exum, Chief Justice of the Supreme Court of North Carolina. 

Senator Royall is recognized to address the membership from the Well of the Senate 
and offers the following remarks: 

"Mr. President, Honorable Members of the Judiciary, my fellow Senators, distin- 
guished guests, ladies and gentlemen. First I wish to express my deep appreciation to my 
wife Julia, and my Executive Assistant, Joan Spencer; I want to thank the Chief Justice 
of our State Supreme Court, Justice James Exum, for administering my oath of office, as 
well as that of the entire Senate. My sincere thanks to Senator George Daniel, Senator 
Wendell Murphy, and Senator Herbert Hyde for their nomination speeches. You cannot 
believe everything they said but it's enough to keep me smiling the rest of the day. I also 
want to thank the members of my escort group: Senator Aaron Plyler, Senator Ralph 
Hunt, Senator Russell Walker, and Senator Howard Lee. 

"Lieutenant Governor Gardner, we look forward to working with you during the 1991 
Session. 

"It will be an honor and a pleasure to work with the President Pro Tempore, Senator 
Henson Barnes, a fine individual and an extraordinary legislator, one who will give 



January 30, 1991 



16 SENATE JOURNAL [Session 

strength and direction to the Senate as President Pro Tern. Senator Ted Kaplan as Ma- 
jority Leader is highly capable, bringing noteworthy experience and direction to this Sen- 
ate. 

"Additionally, I feel confident knowing that the Senate Principal Clerk, Sylvia Fink, 
the Sergeant-at-Arms, Gerda Pleasants, and the Senate Reading Clerk, LeRoy Clark, 
will continue their fine work with us in 1991. I also wish to thank the dedicated staff of 
our fiscal staff, and legislative staff who continually perform an outstanding job for us. 
"Until I listened to what Senator Daniel had to say, I was not aware that my obituary 
had already been prepared. 

"Thank you, very much George. 

"And thank you, every member of the Senate, for this renewed expression of confi- 
dence. I will honor it in everything I undertake to do as Deputy President Pro Tempore of 
the Senate. 

"We have a budgetary problem of monumental proportions, which will require us to 
locate and identify sources of money totaling in the millions of dollars. 

"It will not be easy to fund even basic services in the face of the slackening growth of 
State revenues. I know we will be equal to the challenge, because this is our history — this 
is our heritage. 

"The General Assembly has always found a way to fulfill its basic responsibility, 
namely, to provide, as economically as possible, the services the people need, want, and 
by right ought to have. 

"We have much to think about and much to do, and it will take the combined best 
efforts of all of us. 

"I would like to remind you of the nine 'cannots' used by President Abraham Lincoln: 
'You cannot bring about prosperity by discouraging thrift. 
You cannot strengthen the weak by weakening the strong. 
You cannot help small men by tearing down big men. 
You cannot help the poor by destroying the rich. 
You cannot lift the wage-earner by pulling down the wage-payer. 
You cannot keep out of trouble by spending more than your income. 
You cannot further brotherhood of men by inciting class hatred. 
You cannot build character and courage by taking away a man's initiative. 
You cannot really help men by having the government tax them to do what 
they can and should do for themselves.' 
"Working together, we cannot fail. Working apart, we cannot succeed. 
"In due time and in a proper manner, we will come to the right decisions, not necessar- 
ily the easy decisions, but the right ones. 

" I pledge my best effort , and I thank you once again for your confidence in me . Thank 
you. " 

The President declares the floor open to receive nominations for the Office of Principal 
Clerk. 

The President recognizes Senator Sherron who offers the following remarks: 

"I rise to place in nomination the name of Sylvia Morris Fink. Sylvia began working 
for the General Assembly in 1967 as a clerk in the office here. She continued to work, 
she was a Journal Clerk, Assistant Journal Clerk, and in 1976 Sylvia was elected the first 
female Principal Clerk of the North Carolina Senate. I want to tell you and those guests 
that we have here today that Sylvia is probably the closest thing to perfection that we 
have. Although she may admit to an error she seldom makes one. 

"I'd like to point out some of the things that happened in the 1989 Session so that those 
of you who are not familiar might appreciate. We worked in session 170 days, we filed 
1,632 bills, we received 910 bills from the House, which titles changed 324 times. We 
generated 912 messages to the House, we received 1,337 messages from the House. 
From Conference Committee 72 reports were received, ordered printed and checked were 
2331 bills as a result of the bills filed along with 402 Committee Substitutes and 747 



January 30, 1991 



1991] SENATE JOURNAL 17 

amendments to 299 bills. It could go on and on, the point I want to make with you is 
Sylvia has assembled probably one of the most efficient staffs that this State has ever 
seen. They don't make many mistakes and they always work with us and are very friend- 
ly with a helpful smile. It is with this recognition of tremendous service to this Senate and 
to the State of North Carolina , I am pleased to place in nomination the name of Sylvia 
Fink." 

The President recognizes Senator Basnight who offers the following remarks: 

"Mr. President, ladies and gentlemen of this Body, I rise to second the motion of 
Sylvia Fink as Principal Clerk of this Body. And in doing so I present to you a person of 
impeccable and unquestionable ability. Sylvia is a conscientious worker with no concern 
about time— only taking care of that job at hand. I do not have to tell those of you in the 
Senate who know Sylvia that she has made you a better person and a much better Sena- 
tor. And, I can assure each new member that if you allow it to happen that she will also 
make you a better person and a better Senator. 

"With that said, Mr. President, I move that all nominations be closed and that Sylvia 
Fink be elected by acclamation." 

The motion offered by Senator Basnight that the nominations be closed and that Sylvia 
Morris Fink be elected Principal Clerk of the Senate by acclamation, prevails. 

Being declared duly elected, the President appoints Senator Goldston of Rockingham, 
Senator Conder of Richmond, Senator Tally of Cumberland, and Senator Richardson of 
Mecklenburg to escort the Principal Clerk-elect of the Senate to the Well of the Senate. 
Senator Goldston addresses the Chair and presents the Principal Clerk-elect, Sylvia M. 
Fink. The prescribed oath of office is administered by the Honorable Burley Mitchell, 
Associate Justice of the Supreme Court of North Carolina and being declared duly 
elected, the Principal Clerk is directed to assume her seat. 

The President declares the floor open to receive nominations for the Office of Reading 
Clerk. 

The President recognizes Senator Speed who offers the following remarks: 

"Mr. President, fellow members of the Senate, distinguished guests, ladies and 
gentlemen. It is a distinct pleasure for me to nominate LeRoy Clark Reading Clerk of the 
North Carolina Senate. 

"LeRoy is a man of many accomplishments, with many fine attributes. I could talk at 
great length about these but he is so well-known by the membership of this Body and the 
people of North Carolina that that is not necessary. LeRoy was born and grew up in 
Wake County, attended the University of North Carolina, has a broad base of knowledge 
and experience in many fields. He has served well in many positions. He was a combat 
bomber pilot in World War II and flew forty-five missions. I first knew LeRoy as a 
tobacco buyer. He served well with several important tobacco companies of this state 
and was well-known among the tobacco people as one of the better buyers. 

"LeRoy has filled the position of Reading Clerk for the past eleven sessions of the 
General Assembly. He has the ability, the dedication, and all that is necessary to fill, to 
fulfill the position well. 

"It is my honor and pleasure to nominate LeRoy Clark to fill the position of Reading 
Clerk of the North Carolina Senate. Thank you." 

The President recognizes Senator Johnson who offers the following remarks: 

"Mr. President I rise to second the nomination of LeRoy Clark as our Reading Clerk. 
There are many times in this session, particularly towards the end of the session, that we 
all grow weary, the tensions rise. And when those instances occur, Leroy Clark is the 
one, by slip of the tongue or a quick here-and-there, that adds the necessary humor and 



January 30, 1991 



18 SENATE JOURNAL [Session 

brings us back to the demeanor that we ought to have. He has served us well, in the past. 
I know he will serve us well again. Mr. President, I move that the nomination be closed 
and that he be elected by acclamation." 

The motion offered by Senator Johnson that the nominations be closed and that LeRoy 
Clark, Jr. be elected Reading Clerk of the Senate by acclamation prevails. 

Being declared duly elected, the President appoints Senator Block of New Hanover, 
Senator Warren of Pitt, Senator Perdue of Craven, and Senator Sherron of Wake to es- 
cort the Reading Clerk-elect to the Well of the Senate . Senator Block addresses the chair 
and presents the Reading Clerk-elect, LeRoy Clark, Jr. The prescribed oath of office is 
administered by the Honorable John Webb, Associate Justice of the Supreme Court of 
North Carolina and being declared duly elected, the Reading Clerk is directed to assume 
his seat. 

The President declares the floor open to receive nominations for the Office of Ser- 
geant-at-Arms. 

The President recognizes Senator Speed who offers the following remarks: 

"Fellow members of the Senate, distinguished guests, ladies and gentlemen, it is my 
pleasure and honor to nominate Mrs. Gerda Pleasants to serve the important position of 
Sergeant-at-Arms of the Senate. 

"Mrs. Pleasants has served the North Carolina General Assembly in several positions 
since 1967 and has served as Sergeant-at-Arms for the past five session since 1980. She 
has fulfilled the many duties of the office in a very efficient and professional manner. 
She is held in high esteem by her staff, by members of this Body, and by people who visit 
the General Assembly, throughout the session. 

"She is active in the National Legislative Services and Security Association and has 
served as Chairman of Region Four of that organization which encompasses thirteen 
states, Puerto Rico and the Virgin Islands. She was the only woman Sergeant-at-Arms 
in the United States, until recently. A woman is filling the position of Sergeant-at-Arms 
in the United States Senate. 

"Mrs. Pleasants was married to the late Robert J. Pleasants, Sheriff of Wake County 
for thirty-two years. Sheriff Pleasants, was one of this State's most popular and effec- 
tive sheriffs in North Carolina. 

"North Carolina is fortunate to have someone of such experience, outstanding ability 
and dedication to fill this important position, and I am pleased and honored to make this 
nomination. " 

The President recognizes Senator Parnell who offers the following remarks: 

"Mr. President, Members of the Senate, distinguished guests of the floor and the gal- 
lery. It is my very great honor to rise to second the nomination of Mrs. Gerda Pleasants 
for the Office of Sergeant-at-Arms of the North Carolina Senate. 

"For those of you who have served in this Senate within the last ten years, my efforts 
will be an act of futility because you already know of the qualifications and the qualities of 
this very fine lady. So my remarks will primarily be directed to those of you who are here 
for the first time. 

"After several terms of working on the staff of the Senate Sergeant-at-Arms, Mrs. 
Pleasants was first elected to this position for the 1981 Session. Since then, in session 
after session, she has put together a staff that has served the needs of this Senate in an 
unprecedented manner. 

"In every session, Mrs. Pleasants has performed her duties as the Sergeant-at-Arms 
efficiently and in a professional manner. Equally important, Mrs. Pleasants has always 
gone about performing her duties in a pleasant and in a happy manner. 

"The Members of the Senate as well as her staff, have high regard for this fine, genteel 
person, and I hope that you will join with me in supporting Mrs. Gerda Pleasants for 
Sergeant-at-Arms of the North Carolina Senate. 



January 30, 1991 



1991] SENATE JOURNAL 19 

"And now, Mr. President, I move that the nominations be closed and that Mrs. Gerda 
Pleasants be elected by acclamation." 

Senator Parnell offers a motion that the nominations be closed and that Mrs. Gerda 
Pleasants be elected Sergeant-at-Arms of the Senate by acclamation which motion pre- 
vails. 

Being declared duly elected, the President appoints Senator Soles of Columbus, Sena- 
tor Martin of Guilford, Senator Marvin of Gaston, and Senator Sands of Rockingham to 
escort the Sergeant-at-Arms-elect to the Well of the Senate. 

Senator Soles addresses the Chair and presents the Sergeant-at-Arms-elect, Mrs. 
Gerda Pleasants. 

The prescribed oath of office is administered by the Honorable Harry C. Martin, As- 
sociate Justice of the Supreme Court of North Carolina and being declared duly elected, 
the Sergeant-at-Arms is directed to assume her seat. 

The President of the Senate directs the Reading Clerk to read the following letter from 
the Senate Democratic Caucus: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

December 12, 1990 

The Honorable James C. Gardner 
President of the Senate 
Senate Chamber 
Raleigh, North Carolina 

Dear President Gardner: 

This is to advise that the following Senate Officers for the 1991-92 Session were nomi- 
nated at the Democratic Caucus held on December 6, 1990: 

President Pro Tempore - Henson P. Barnes 

Deputy President Pro Tempore - Kenneth C. Royall, Jr. 

Principal Clerk - Sylvia M. Fink 

Reading Clerk - LeRoy Clark, Jr. 

Sergeant-at-Arms - Gerda B. Pleasants. 

Caucus Officers elected were: 

Permanent Chairman - Kenneth C. Royall, Jr. 
Majority Leader - Ted Kaplan 
Permanent Secretary - William W. Staton. 

Sincerely yours, 
S/Joan R. Leatherman 
Assistant Secretary 
Senate Democratic Caucus 

The President recognizes Senator Kaplan, who offers the following remarks: 

"Mr. President, thank you very much, I promise to be extremely brief. Senator Shaw 
and I planned this fairly well, I believe. It's a pleasure to once again serve as Majority 



January 30, 1991 



20 



SENATE JOURNAL 



[Session 



Leader for the greatest Party in the world and I have the distinct pleasure to do that again. 
I'd like to announce at this time the Majority Whips that will be serving with me this 
Session; Senator Ezzell, who will be over there, and Senator Richardson, Senator 
Sands, and Senator Marvin. There again, once again, thanks." 

The President recognizes Senator Shaw who offers the following remarks and submits 
the following letter: 

"Thank you Mr. President. But, Senator Kaplan and I discussed this yesterday and 
we both decided that we would not speak but really nod. Thank you, Senator Kaplan. " 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 29, 1991 

Ms. Sylvia Fink 

Senate Principal Clerk 

North Carolina General Assembly 

Legislative Building-Room 2020 

Dear Sylvia: 

In December, 1990 at a Joint Caucus Meeting in Winston-Salem, the following were 
elected: 



Senator Paul S. Smith 
Senator Bob Shaw 
Representative Theresa Esposito 
Representative Johnathan Rhyne 
Representative Art Pope 



Senate Minority Whip 
Senate Minority Leader 
House Minority Whip 
House Minority Leader 
Joint Caucus Leader 



Thank you for including this information in the records of the North Carolina General 
Assembly. 

Sincerely, 

S/Bob Shaw 

The Chair orders a special message sent to the House of Representatives, informing 
that Honorable Body that the Senate is organized and ready to proceed with public busi- 
ness. 



EXECUTIVE ORDERS 

Executive Orders received following adjournment sine die of the Second Regular Ses- 
sion of the 1989 General Assembly are presented to the Senate of the 1991 General As- 
sembly for referral to committee, as follows: (See Appendix) 

Executive Order Number 124, Governor's Task Force on Prison Construction 
and Consolidation. 

Referred to Judiciary II Committee. 

Executive Order Number 125, Amendment of Executive Order Number 71 , Gov- 
ernor's Task Force on Rail Passenger Service. 
Referred to Public Utilities Committee. 



January 30, 1991 



1991] SENATE JOURNAL 21 

Executive Order Number 126, Governor's Highway Beautification Council. 
Referred to Transportation Committee. 

Executive Order Number 127, Amendment and Extension of Executive Order 
Number 1, Establishing The North Carolina Board of Ethics. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 128, Amendment of Executive Order Number 127. 
Referred to State Personnel and State Government Committee. 

Executive Order Number 129, Amending Executive Order Number 121, Gover- 
nor's Minority, Female and Disabled-owned Businesses Construction Contractors Ad- 
visory Committee. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 130, Supplementing Executive Order Number 114, 
Budget Administration. 

Referred to State Personnel and State Government Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Barnes offers a motion that Rule 40 be suspended to allow the introduction of 
the following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Barnes: 

S.J.R. 1, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a Joint Session of the Senate and House of Representa- 
tives. 

Senator Barnes offers a motion that the joint resolution be placed before the Senate for 
immediate consideration, which motion prevails. 

The joint resolution passes its second (47-0) and third readings and on motion of 
Senator Barnes is ordered, without objection, sent to the House of Representatives by 
special messenger. 

Senator Royall offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote. 

By Senators Royall, Ballance, Hunt, Lee, Martin of Guilford, Marvin, Perdue, Ray- 
nor, and Sherron: 

S.B. 2, a bill to provide for a binding referendum on the establishment of a North 
Carolina State lottery. 

Referred to the Finance Committee. 

Senator Conder offers a motion that Rule 40 be suspended to allow the introduction 
and referral to committee of the following bill, which motion prevails by a two-thirds 
majority vote. 

By Senators Conder, Daniel, Marvin, Plyler, Tally, and Perdue: 

S.B. 3, a bill to provide the School Improvement and Accountability Act of 1991. 

Referred to the Education Committee. 

Senator Barnes offers a motion that Rule 40 be suspended to allow the introduction of 
the following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Barnes, Blackmon, Carpenter, Carter, Conder, Forrester, Hartsell, Ka- 
plan, Odom, Plyler, Richardson, Royall, Sands, Shaw, Sherron, Smith, Speed, Walk- 
er, and Ward: 

S.J.R. 4, a joint resolution expressing support for the military troops serving in the 
Persian Gulf. 

Senator Barnes offers a motion that the joint resolution be placed before the Senate for 
immediate consideration, which motion prevails. 



January 30, 1991 



22 SENATE JOURNAL [Session 

On motion of Senator Barnes, the joint resolution is read in its entirety. The joint 
resolution passes its second (48-0) and third readings and, on motion of Senator Barnes, 
is ordered, without objection, sent to the House of Representatives by special messenger. 

The President directs the Reading Clerk to read the following letters: 

NORTH CAROLINA MEDICAL SOCIETY 

222 N. Person Street, P.O. Box 27167 
Raleigh, North Carolina 27611, 833-3836 

January 4, 1991 

Members of the North Carolina Senate 
North Carolina Senate 
Legislative Building 
Raleigh, N.C. 27611 

Dear Senators: 

The North Carolina Medical Society is pleased to again offer the services of a physi- 
cian during the legislative session to members of the General Assembly, their staff and 
visitors. 

We appreciate your continuing to make the facilities of the First Aid Room available to 
us, and we are grateful for the many courtesies you have extended to those physicians 
who have served as "Doctor of the Day" since the program's inception in 1981. 

Again, thank you for allowing us to continue to provide this service to the North Caro- 
lina General Assembly. We will look forward to working with you during the 1991 ses- 
sion and will welcome any suggestions you may have as to how we may better serve your 
needs. 

Warmest regards. 

Sincerely, 

S/H. David Bruton, M.D. 

Chairman, Legislation Committee 

NORTH CAROLINA GENERAL ASSEMBLY 

President Pro Tempore 

Senate 

Raleigh 27611 

January 30, 1991 

Members of North Carolina Senate 
Senate Chamber 
State Legislative Building 
Raleigh, North Carolina 

Dear Colleagues: 

Pursuant to Senate Rule 60 I am appointing Mrs. Kathy B. Rainey Supervisor of the 
Senate Pages. 

I am also appointing The Reverend Steve W. Lucas Senate Chaplain for the 1991 Ses- 
sion. 

Sincerely, 

S/Henson P. Barnes 
President Pro Tempore 



January 30, 1991 



1991] SENATE JOURNAL 23 

Senator Barnes offers a motion that the Senate do now adjourn, subject to ratification 
of bills and further messages from the House of Representatives , to meet tomorrow , Jan- 
uary 31, at 11:30 A.M., seconded by Senator Daughtry. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
January 30, 1991 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body that 
the House of Representatives is organized and is now ready to proceed with the public 
business and has elected the following officers: 

Speaker Daniel T. Blue, Jr. 

Speaker Pro Tempore Marie W. Colton 

Principal Clerk Grace A. Collins 

Reading Clerk Sam J. Burrows, Jr. 

Sergeant-at-Arms Larry P. Eagles 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

ENROLLED BILL 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

S.J.R. 1 A joint resolution informing his Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Representa- 
tives. (Res. 1) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

House of Representatives 
January 31, 1991 

Mr. President: 

Pursuant to S.J.R. 1, "A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES G. MARTIN, THAT THE GENERAL ASSEMBLY IS 
ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND INVIT- 
ING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE AND 
HOUSE OF REPRESENTATIVES, the Speaker appoints the following members of 
House of Representatives to serve with a like Committee of the Senate to escort Governor 
James G. Martin to the Joint Session: 

Representative Carolyn Russell 
Representative Howard Barnhill 
Representative Daniel H. DeVane 
Representative Robert C. Brawley 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



January 30, 1991 



24 SENATE JOURNAL [Session 

The motion of Senator Barnes heretofore offered prevails and the Senate adjourns at 
3:32 P.M. to meet tomorrow, January 31, at 11:30 A.M. 



SECOND DAY 



Senate Chamber, 
Thursday, January 31, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father and most Loving Lord, we come to You today thankful that while You are 
our Lord, You also are Friend and Father to us all. Today, more than other days, we are 
in need of a Father, someone to whom we can turn with our sorrow and grief and know 
that there are loving and powerful arms waiting to hold us, comfort us, and give us 
strength. 

"Father, we admit that we already miss Jim Ezzell, but at the same time we are also 
grateful that you gave him to us. He was a friend to everyone in these halls and in many 
cases he was more than friend, he was a brother. Oftentimes it was his sense of humor 
and his strength of spirit, his courage in the face of his own limitations that gave each of 
us the ability to face our limitations with greater resolve and many times with a chuckle. 
To know him Father truly was to love him , and we thank You for his presence among us . 

"We now ask that You give his wife Patsy and his three sons, Mark, James, and Stan- 
ton an overwhelming sense of Your love and strength. Remind us that we are Your arms 
of support to this family, that we are indeed representatives of Your love and concern to 
them. Give them to us Father the resources we need to care for the Ezzell family in this 
difficult time. 

"Above all, we ask that You not allow us to forget the lessons that Jim taught us, 
namely that all things are possible through You and that no goal is out of reach for those 
who love deeply, who think clearly, who do not compromise their convictions and val- 
ues, and who laugh often with friends and adversaries alike. 

"For the gift of Your servant, Jim Ezzell, and for the work he gave his life to, the 
service of his State and his Country, we give thanks today. Be with us as we continue that 
important work. 

"We pray this prayer in Your Name, Amen." 

Senator Barnes President Pro Tempore of the Senate announces the Journal of yester- 
day, January 30, has been examined and is found to be correct. On his motion the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of as follows: 

By Senators Goldston, Carpenter, Smith, Forrester, and Blackmon: 
S. B. 5, a bill to restructure the budget process so as to assure more stable budgeting, 
by providing for use of the prior calendar year's collections as the revenue estimates, 
limiting use of reversions to one-time expenditures, providing for annual budgets, and 
streamlining the legislative process as a result. 



January 31, 1991 



1991] SENATE JOURNAL 25 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Kincaid, Carpenter, and Simpson: 

S.B. 6, a bill to limit members of the General Assembly to six consecutive two-year 
terms, but to allow service again after a break of a full term. 
Referred to Constitution Committee. 

By Senators Kincaid, Simpson, and Cochrane: 

S.B. 7, a bill to amend the Constitution of North Carolina to limit the number of days 
the General Assembly may remain in session each year. 
Referred to Constitution Committee. 

By Senator Lee: 

S.B. 8, a bill to limit the number of consecutive terms that members of the General 
Assembly or the Council of State may serve. 
Referred to Constitution Committee. 

By Senators Conder, Martin of Guilford, and Daniel: 

S.B. 9, a bill to make the State Superintendent of Public Instruction the Chairman of 
the State Board of Education. 

Referred to Education Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 1, a joint resolution expressing support for the military troops in the Persian 
Gulf and honoring those who have died while serving in the Persian Gulf. 

On motion of Senator Barnes, the joint resolution is placed on the Calendar for 
Monday, February 4. 

APPOINTMENT BY THE GOVERNOR 

The Chair directs the Reading Clerk to read the following letter from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 



January 31, 1991 

The Honorable James C. Gardner 

Lieutenant Governor 

State Capitol 

Raleigh, North Carolina 27611 

Dear Governor Gardner: 

Pursuant to North Carolina General Statute 53-92, I hereby appoint William T. Graham 
as Commissioner of Banks to serve a term beginning April 1 , 1991 , and expiring March 
31 , 1995. This appointment is subject to confirmation by the General Assembly by joint 
resolution, and I hereby submit his name for confirmation. 

I have enclosed a copy of Mr. Graham's resume. Please feel free to contact him should 
you need any additional information, or to inform him of the date of any committee 



January 31, 1991 



26 SENATE JOURNAL [Session 

meeting that he would need to attend concerning his confirmation. 

Sincerely, 

S/James G. Martin 
Governor 

Referred to Banks and Thrift Institutions Committee 

Senator Barnes requests permission to approach the Well of the Senate and, without 
objection, his remarks memorializing James E. Ezzell, Jr. , the late Senator from Nash 
County, are ordered spread upon the Journal, as follows: 

"Mr. President and ladies and gentlemen of the Senate, in the death of Senator Ezzell 
we have lost a fine member of this Body, a Senator with a keen mind and ability to do 
good work for the State and do so in a manner that brought honor to himself, brought 
dignity to this entire Body. 

"In thinking about Senator Ezzell, it came to mind something that was said yesterday 
by Senator Daniel in his speech concerning a person who was a friend to everyone of us 
and also a person who was a hero. I realize in regards to heroes we think in terms of 
soldiers or warriors in Desert Storm at the present time, or some sports person, or person 
back in history. But truly, a hero is a person who has courage, who has perserverance, a 
person who has a sense of values. All of these things best personify Senator Ezzell. 

"Senator Ezzell was a person and we forgot that he was handicapped. He was a person 
who had a handicap and you never thought in terms of his handicap in any manner. He 
worked to help the schools of this State, he worked to help all people of this State, and we 
are the better for having Senator Ezzell with us. 

"To give you something of his background, when Senator Ezzell had come to the age of 
six to attend public school, he could not get in. I know it sounds to us that that could not 
happen in our public schools and at the present time, it cannot. It cannot because of the 
work of Senator Ezzell, and others in the Senate who worked to see that we could accom- 
plish that. But when it came time for him to go to public school, he had to be taken in by 
a nun and taught through the fifth grade. The public schools in the fifth grade were then 
prevailed upon to accept Senator Ezzell. That is an example of some of the things that he 
did to help the people of North Carolina, to make this State a better State, to make our 
lives better lives because we've been touched by him. 

"And it would not be appropriate to come and speak to you of the work which he did. 
He took those responsibilities seriously. As a hero we find he would take work seriously, 
do his responsibilities in a serious manner, but also not take himself seriously. And I 
cannot help but stand here and, thinking back upon Senator Ezzell and how well he did 
for this Senate, not to remember a resolution once that, I believe, he and Senator Shaw 
ran together to make the chitlings, if you will remember, to make the chitlings a State 
hors d'oeuvre. To all of us, he said, 'we have a State bird, and we have a State flower, 
we have a State song, we have a State toast even, ' but he said, 'I think we should have 
the chitlings as a State hors d'ouvre. They sent the resolution forward, but he had the 
keen sense to withdraw it before it could be voted on of course, and brought it back. It's 
not part of the record. But, it came at a time when we had been tense with some tough 
work we had to deal with in the General Assembly. At those times you could expect 
Senator Ezzell to come forward with some light moment, or some words, or ring the bell 
on that wheelchair which he rode. It broke the tension in the Senate and it made us a 
better Body. I am going to read to you a few short words, if I may, from a speech that 
Senator Ezzell gave recently and I must say this speech was to the school in Rocky 
Mount, the off school where he was a alumnus where the nun took him in and taught him 
through the fifth grade. He made this speech back to that school in 1989. 

"He says in this speech, 'You know the greatest trouble that most of have is that our 
demands upon ourselves are so feeble. The call upon the great in each of us is so weak, 
that it makes no impression upon the creative energies. It lacks the force that transmits 
desires into reality. Love is the most important ingredient of success. Without it, your, 



January 31, 1991 



1991] SENATE JOURNAL 27 

life will echo total emptiness. With it, your life vibrates warmth and meaning. Even in 
hardship, love will shine through. And if you don't have it, you're really not living, 
you're only breathing.' 

"Senator Ezzell called upon himself for greatness, and he was a great man. He lived 
up to this statement. He was a person that you could see in his life the sermon which he 
taught to all of us. And he exhibited love because he worked for all the people of this 
State. As a Senate, as the State of North Carolina, we have lost a true friend, we have 
lost a great person, a hero. He is likened to a mighty tree in the forest that has fallen and, 
with its falling, it leaves an open space against the sky. It will be a long and difficult time 
before it can be filled. Today we will adjourn later in honor of Senator Ezzell who has 
meant so much, so much, to this State and to the people of this Body. Thank you. " 

The Lieutenant Governor relinquishes the gavel to the Senator Barnes President Pro 
Tempore, who presides. 

Without objection, the Lieutenant Governor approaches the Well of the Senate and, 
without objection, his remarks memorializing James E. Ezzell, Jr. , the late Senator from 
Nash County are ordered spread upon the Journal, as follows: 

"Mr. President, fellow members of the North Carolina Senate, you think about your 
life, and people that you have an opportunity to meet as you go along. As I stand here 
today in this high place of power in the State of North Carolina that all of us arrived at 
through political activities, my mind goes back to numerous times which I had a chance 
to visit, and laugh, and fight, and argue, then laugh again and shake hands and leave as 
very good friends with my neighbor who I have known for years and years in Rocky 
Mount, Jim Ezzell. 

"Senator Barnes, I think put in very eloquent terms that this man was a hero. He 
overcame as much adversity as any human being that I have ever known. In the twenty to 
thirty years that I knew Jim Ezzell in good times and bad, because I also knew him in 
some business ventures that we were involved in and they were not good, he never lost his 
sense of humor. He never lost his respect for his fellow man, regardless of his station in 
life. 

"And I guess as I try to sum up my feelings for this man, I think about back in 1988, 
toward the end of a hard political campaign and I happened to be in Rocky Mount one 
day, and as I was riding along Sunset Avenue in Rocky Mount, I knew I was coming up to 
Jim's office and I looked out and I saw a number of Tony Rand signs plastered out in 
front of his building that I had grown accustomed to seeing and I thought, I'm going to 
pull in there and see Jim for just a few minutes and see how Jim's doing. And I pulled in 
and, as always, his office was open he said 'Come on in.' 

"We laughed and we talked and we reminisced. And when I got ready to get up and 
leave I said, 'Jim, ' back then he had his beard, I said; I just wanted you to know that I 
took all those signs down. And that twinkle came into his eye and he said 'I just wanted 
you to know I have got ten more of them back in the back room. ' 

"I think all of you knew Jim and knew the kind of fellow he was. He is really going to 
be missed in this Chamber, and he is going to be a great loss to the State of North Caroli- 
na. The Tri- County Industries that he has asked you to think about is a great organiza- 
tion in Rocky Mount that was very close to Jim's heart, employing the handicapped. 
And that would not be in existence today in the City of Rocky Mount and in Nash County 
and Edgecombe County had it not been for the drive and the leadership of Jim Ezzell. 

"We will miss him. He is a hero. Thank you." 

The President Pro Tempore relinquishes the gravel to the Lieutenant Governor, who 
presides. 

The President Pro Tempore appoints Senators Royall (Chairman), Kaplan, Hyde, 
and Shaw a committee to serve with a like committee from the House of Representatives 
to greet and escort the Governor to the Joint Session. The President orders a message 
sent to the House of Representatives informing that Honorable Body of such action. 



January 31, 1991 



28 SENATE JOURNAL [Session 

The hour having arrived, the President orders a special message sent to the House of 
Representatives informing that Honorable Body that the Senate stands ready to repair to 
the Hall of the House, there to sit in Joint Session with that Honorable Body for the 
purpose of receiving the State-of-the-State Address pursuant to S. J.R. 1, a joint reso- 
lution informing His Excellency, Governor James G. Martin, that the General Assembly 
is organized and ready to proceed with public business and inviting the Governor to ad- 
dress a Joint Session of the Senate and House of Representatives. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 1 House of Representatives 

January 31, 1991 

Mr. President: 

It is ordered that a message be sent your Honorable Body that pursuant to S.J.R. 1, A 
JOINT RESOLUTION INFORMING HIS EXCELLENCY, GOVERNOR JAMES G. 
MARTIN, THAT THE GENERAL ASSEMBLY IS ORGANIZED AND READY TO 
PROCEED WITH PUBLIC BUSINESS AND INVITING THE GOVERNOR TO AD- 
DRESS A JOINT SESSION OF THE SENATE AND HOUSE OF REPRESENTA- 
TIVE, the House of Representatives stands ready to receive the Senate in Joint Session to 
hear the Governor's State of the State Address. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

Senator Barnes, offers a motion, seconded by Senator Cochrane, that the Senate 
stand in recess to repair to the Hall of the House of Representatives, there to sit in Joint 
Session, for the purpose of receiving the State of the State address and on his further 
motion, upon dissolution of the Joint Session, to adjourn in memory of James E. Ezzell, 
Jr., the late Senator from Nash County to meet Monday, February 4, at 8:00 P. M. 
which motions prevail. The Chair declares the Senate in recess. The Senate, preceded 
by its officers, repairs to the Hall of the House of Representatives. 



JOINT SESSION 

The Senate is received by the members of the House of Representatives standing. 
Speaker Blue presents the gavel to Lieutenant Governor James C. Gardner, President of 
the Senate. The Joint Session is called to order by the President of the Senate. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of Repre- 
sentatives who announces the presence of His Excellency, Governor James G. Martin. 
Senator Royall and the Committees appointed by the President of the Senate and the 
Speaker of the House of Representatives escort the Governor to the Well of the House of 
Representatives. The President of the Senate presents Governor Martin to the General 
Assembly, who delivers the State of the State address. (See Appendix) 

On motion of Senator Barnes, the Joint Session is dissolved and pursuant to the motion 
heretofore made, the Senate stands adjourned in memory of James E. Ezzell, Jr., the 
late Senator from Nash County, to meet Monday, February 4, at 8:00 P. M. 



January 31, 1991 






1991] SENATE JOURNAL 29 

THIRD DAY 

Senate Chamber, 
Monday, February 4, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father and Our Lord, as this Body of Senators gather here today, who represent 
collective and individual hopes, concerns, and aspirations of the people of this our be- 
loved State, give to them and to all of us an extra measure of wisdom in our decision- 
making, humility in our relationships, perseverance in our work, and vision in our goal- 
setting. May we at this moment pause and consider that You alone are God, and that our 
well-being rests solely in Your Loving and Powerful hands. 

"We also ask, Father, that You give to those sons and daughters of this State and of 
our nation, who risking all they have to defend our freedom and way of life, an over- 
whelming sense of Your Presence with them, and a knowledge that those of us at home 
support and care for them deeply. Be also with their families and friends who remain in 
this country who long for their safe and speedy return. 

"All these things we ask in Your Name, Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
January 31, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 16, to appoint members of the Whiteville City Board of Education. 
On motion of Senator Soles, the bill is placed before the Senate for immediate consid- 
eration. 

The bill passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. J.R. 1, a joint resolution expressing support for the military troops in the Persian 
Gulf and honoring those who have died while serving in the Persian Gulf. 

The joint resolution passes its second (48-0) and third readings and is ordered en- 
rolled. 

APPOINTMENTS OF COMMITTEES 

Pursuant to Rules 31 and 34, the President Pro Tempore announces appointments to 
standing committees and charges them, as follows: 

AGRICULTURE, MARINE RESOURCES, AND WILDLIFE 
COMMITTEE: 

Senator Speed (Chairman) 

Senator Murphy (Vice-Chairman) 

Senator Parnell (Vice-Chairman) 

Senator Kincaid (Ranking Minority Member) 
Senators Ballance, Daniel, Daughtry, Hyde, Martin of Pitt, Marvin, Perdue, Plyler, 
Sands, Shaw, Simpson, Soles, and Warren. 



February 4, 1991 



30 SENATE JOURNAL [Session 

"Senator Speed, you and the members of the Committee are charged with reviewing 
the problems facing our farmers and agribusinesses. We must find new markets and 
promote our farm products proudly and aggressively. Agriculture has to be a viable part 
of our future. 

"The Committee will also concern itself with legislation promoting aquaculture. In- 
vestigate, get the facts, and report your recommendations to this Senate so that this de- 
veloping industry can help sustain our economy and our people. 

"Wildlife is also essential to our ecological balance. Explore new ways not only to 
protect North Carolina ' s wildlife but also to enhance the benefits that wildlife provides to 
the North Carolina economy. Your deliberations and final recommendations must be 
based on the common good. The issues which face you will at times be controversial." 

ALCOHOLIC BEVERAGE CONTROL COMMITTEE: 

Senator Ballance (Chairman) 

Senator Raynor (Vice Chairman) 

Senator Daughtry (Ranking Minority Member) 
Senators Blackmon, Goldston, Plyler, Sands, and Seymour. 

"The laws relating to the use and control of alcoholic beverages in this State have been 
developed and refined over a long period of time and are the product of many hours of 
work and debate in this General Assembly. It would be difficult to imagine any subject 
about which the people of our State have more sharply differing opinions. You may 
expect that almost every bill you receive this Session will have implications which will 
spark debate and controversy both in your Committee and in this Senate. 

"Many of the people of our State believe that alcoholic beverages ought not to be a 
controlled product and should be openly sold and dispensed. Others feel strongly that it 
should not even be permitted in the State. Apparently the majority feel that they ought to 
be allowed in the State only under a very rigid system of control. Our present laws largely 
reflect that attitude. 

"The work of this Committee is not always the most popular. Yet, it is essential that 
the product of your work be the result of the most painstaking and careful consideration. 
Be expeditious and fair in all that you do and know that you have our confidence in your 
endeavors." 

BANKS AND THRIFT INSTITUTIONS COMMITTEE: 

Senator Staton (Chairman) 

Senator Martin of Pitt (Vice-Chairman) 

Senator Shaw (Vice-Chairman) 

Senator Kincaid (Ranking Minority Member) 
Senators Ballance, Carpenter, Cochrane, Johnson, Kaplan, Murphy, Seymour, Sher- 
ron, Soles, Walker, and Winner. 

"You who have served in previous sessions know only too well the heavy obligations 
which are always placed upon the Committee dealing with financial institutions. Your 
work this Session will take on added significance. In light of recent difficulties in the 
banking community nationwide, legislation affecting banks and other financial institu- 
tions will be extremely sensitive and of a far reaching nature. The balancing of the inter- 
est between the legitimate concerns of the financial community and the average citizen of 
the State is always a most difficult task. You must balance the availability of money 
versus its cost. 

"Many of you have had much experience in this General Assembly and on numerous 
committees. You are charged to be most careful and totally fair as you consider and 
deliberate upon the sensitive legislation which will undoubtedly be referred to you during 
this legislative session. We have confidence in your ability and wish you well in your 
work." 



February 4, 1991 






1991] SENATE JOURNAL 31 

CONSTITUTION COMMITTEE: 
Senator Hyde (Chairman) 

Senator Odom (Vice-Chairman) 

Senator Marvin (Vice-Chairman) 

Senator Cochrane (Ranking Minority Member) 
Senators Ballance, Basnight, Daniel, Hartsell, Johnson, Kaplan, Martin of Guilford, 
Pollard, Soles, and Winner. 

"Our Constitution is the foundation of our laws and our government. 

"You will be charged with reviewing bills and proposing constitutional changes. It is 
expected that you will have several important pieces of legislation this Session. 

"This is a very important undertaking, and you will need to give these proposals thor- 
ough and deliberative review. 

"All our people know the importance of your Committee. Your charge, when those 
bills come before you, is to consider them with care and with a knowledge of our history. 
Treat all who come before you with courtesy, with patience, and with understanding. 

"Consider all bills carefully and report your recommendations to this Senate." 

EDUCATION COMMITTEE: 

Senator Conder (Chairman) 

Senator Ward (Vice-Chairman) 

Senator Warren (Vice-Chairman) 

Senator Bryan (Ranking Minority Member) 
Senators Basnight, Block, Carter, Daniel, Daughtry, Hartsell, Martin of Guilford, 
Marvin, Murphy, Perdue, Richardson, Simpson, and Tally. 

"This General Assembly has passed landmark legislation that is already providing stu- 
dents with improved classroom opportunities. You are charged with building on those 
historic achievements. 

"The education of our children is the single most important investment we, as a State, 
make. As we fund the seventh and eighth years of the Basic Education Program, we 
must focus attention on new studies of the workload of teachers, new initiatives for im- 
proving teacher education and e ^ncing teaching as a career, reducing school dropouts 
and improving the educational product. 

"The direction of education in North Carolina in the decade ahead will be, and is being 
shaped by legislation passed by the 1989-90 General Assembly. Senate Bill 2 is allowing 
greater input into the decision-making process from those who are teaching our young 
people and exciting changes are beginning to occur. Therefore, this Committee is 
charged with the task of examining this bill, searching for any refinements or modifica- 
tions that would create legislation better suited to meet the needs of North Carolina's 
students. 

"Providing leadership in the Legislature on educational issues is a difficult job. Your 
workload will be demanding. But the decisions we make in the days ahead will determine 
the quality of our future work force and the strength of our State manpower. We thank 
you for undertaking this most important challenge." 

ELECTION LAWS COMMITTEE: 
Senator Hunt (Chairman) 

Senator Sands (Vice-Chairman) 
Senator Blackmon (Ranking Minority Member) 
Senators Hartsell, Kaplan, Lee, Parnell, Pollard, Seymour, and Walker. 

"You are charged with reviewing our election laws to ensure that our citizens have 
every opportunity to exercise their constitutional privilege to vote. Election laws which 
are scrupulously fair, impartial, and workable are vital to good government in North 
Carolina. 



February 4, 1991 



32 SENATE JOURNAL [Session 

"Commissions have been reviewing various aspects of our election laws and will be 
making recommendations to you. You must analyze these and other proposals and rec- 
ommend to the Senate bills that will best serve all voters. 

"Yours is an important task and we appreciate your willingness to serve North Caroli- 
na in this way. You are charged to act responsibly, fairly, and efficiently as you consider 
refinements to our existing law and, as to such other new legislation in this area which 
you will receive during the course of this Session." 

ENVIRONMENT AND NATURAL RESOURCES COMMITTEE: 

Senator Tally (Chairman) 

Senator Lee (Vice-Chairman) 

Senator Plexico (Vice-Chairman) 

Senator Shaw (Ranking Minority Member) 
Senators Allran, Basnight, Bryan, Carpenter, Cochrane, Daniel, Martin of Pitt, 
Murphy, Odom, Sherron, Staton, Walker, and Winner. 

"Your Committee will deal with the important question of the environment and devel- 
opment and growth in our State. It is well that, at the same time, you will also deal with 
the broad areas of conservation of our natural resources. 

"Protecting and preserving our environment is critical to continuing the good quality of 
life we have all come to expect in North Carolina. It is our quality of life that has made 
this State a leader. We cannot afford to allow growth and other demands to harm the 
valuable resources we have in this State, but we must continue to strive for good indus- 
tries. These goals are not incompatible. 

"You have the responsibility of ensuring that we leave our State as blessed as we found 
it for those who come after us. 

"Our people look to you as guardians of their welfare. We know you will prove worthy 
of their trust." 

HIGHER EDUCATION COMMITTEE: 
Senator Perdue (Chairman) 

Senator Royall (Vice-Chairman) 

Senator Cochrane (Vice-Chairman and Ranking Minority Member) 
Senators Conder, Forrester, Goldston, Kincaid, Lee, Martin of Guilford, Murphy, 
Smith, Staton, Tally, Ward, Warren, and Winner. 

"North Carolina has become a leader among the states in its creation and mainte- 
nance of superior institutions of higher learning. The people of North Carolina take 
pride in all of her universities. They have been willing to invest a large amount of money 
in building and improving them. 

"Our public and private colleges and universities must continue to be on the forefront 
of research and education to prepare our students and workers for the changing demand 
of our national and State economy and for the critical task of training classroom teach- 
ers. You must see that our community colleges have the capability to train and retrain 
workers for the jobs of today and tomorrow and provide encouragement for small busi- 
ness development. 

"You and the members of your Committee are charged to act responsibly as you do the 
work of this Session assigned to you, being especially mindful of the need to treat each of 
our institutions fairly and evenhandedly in order that the best interest of the people of this 
State may be promoted." 



February 4, 1991 



1991] SENATE JOURNAL 33 

HUMAN RESOURCES COMMITTEE: 

Senator Murphy (Chairman) 

Senator Walker (Vice-Chairman) 

Senator Plexico (Vice-Chairman) 

Senator Smith (Ranking Minority Member) 
Senators Cochrane, Forrester, Goldston, Kincaid, Martin of Guilford, Marvin, Raynor, 
Richardson, Royall, Speed, Tally, and Ward. 

"Common decency and humanity enjoins us to care for the poor and the needy, the 
widows and the orphans, the old and down trodden, and, indeed, all of those bereft of 
the necessities of life. This has been our duty from olden times — from the time when the 
memory of man runs not to the contrary. That is still our duty today. 

"Yet all too often, it seems, our will to do our duty is thwarted by the mystery of red 
tape, the maze of official guidelines, and the welter of official language. 

"We should cut unnecessary expenses but never to the harm of those who are truly 
needy. 

"It will be the duty of your Committee to work and to study, to cut through the red tape 
of bureaucracy, and, truly, to serve those who need our help. 

"Be frugal with our money, but be kind to those we serve. Be thrifty, but not stingy. Be 
true guardians to the wards of our State." 

INSURANCE COMMITTEE: 

Senator Odom (Chairman) 

Senator Seymour (Vice-Chairman) 

Senator Raynor (Vice-Chairman) 

Senator Pollard (Ranking Minority Member) 
Senators Ballance, Goldston, Hyde, Johnson, Kincaid, Parnell, Smith, and Speed. 

"Available and affordable insurance is of utmost importance to every citizen of this 
State. During the last several years, this Body has taken some important steps which 
have given the Commissioner the tools necessary to provide a healthy insurance environ- 
ment for our State. 

"You and your Committee are being entrusted with the task of considering legislation 
which will affect various aspects of the insurance industry. This Committee must do its 
best to balance the needs of the citizens with the desires of the industry. 

"You and your Committee have been selected with care and we look forward to work- 
ing with you in this important challenge." 

JUDICIARY I COMMITTEE: 

Senator Soles (Chairman) 

Senator Hyde (Vice-Chairman) 

Senator Martin of Guilford (Vice-Chairman) 

Senator Simpson (Ranking Minority Member) 
Senators Blackmon, Daughtry, Johnson, Lee, Odom, Raynor, Staton, and Tally. 

JUDICIARY II COMMITTEE: 
Senator Sands (Chairman) 

Senator Ballance (Vice-Chairman) 
Senator Block (Vice-Chairman) 
Senator Allran (Ranking Minority Member) 
Senators Carpenter, Daniel, Hartsell, Marvin, Richardson, Sherron, and Winner. 

"These two Committees will share in the work undertaken by the Senate Judiciary 
Committees. Judiciary Committees have in the past received technical and complicated 
legislation which cuts across the entire spectrum of the statutory law of our State. This 
Session will be no different from the standpoint of volume and complexity of bills which 
are assigned to the Judiciary Committees. 



February 4, 1991 



34 SENATE JOURNAL [Session 

"While Judiciary I may at times address legislation that concerns the administration of 
justice and criminal law, the primary task of Judiciary I will be the review of legislation 
pertaining to administrative, business and civil law. Likewise, Judiciary II will at times 
review legislation pertaining to administrative, civil and business law, but primarily it will 
consider legislation pertaining to the administration of justice and criminal law. 

"North Carolina is proud of its strong legal system and we appreciate your willingness 
to undertake this complicated process, which is central to the well-being of our State. 

"We know you will continue the tradition of excellence which has come to be expected 
of Senate Judiciary Committees as you fairly and efficiently proceed with your demanding 
work." 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS COMMITTEE: 
Senator Lee (Chairman) 

Senator Odom (Vice-Chairman) 

Senator Shaw (Ranking Minority Member) 
Senators Allran, Bryan, Conder, Hunt, Plexico, Richardson, Sands, Seymour, and 
Sherron. 

"Better State and local partnerships are critical to our future as the federal government 
abandons and shifts responsibility for programs. As local officials address a growing 
number of complex problems and increased demand for services, we continue to see an 
increase each Session in the number of bills affecting local governments. 

"On many occasions proposed local legislation has state-wide impact. It will be your 
duty to examine each piece of legislation and determine whether passage is in the best 
interest of not only the local citizens but also our entire State. 

"The Senate has confidence in your ability to meet the challenges before you, and we 
thank you for undertaking this vital work." 

MANUFACTURING AND LABOR COMMITTEE: 
Senator Parnell (Chairman) 

Senator Hunt (Vice-Chairman) 

Senator Allran (Ranking Minority Member) 
Senators Block, Goldston, Hyde, Johnson, Kincaid, Martin of Guilford, Odom, Per- 
due, Plexico, Richardson, Sands, Simpson, and Smith. 

"The treasury of our State would be meager, indeed, if the General Assembly, through 
repressive statutes, discouraged the development of manufacturing. The plight of our 
people would be intolerable, if we, through oppressive laws, should discourage manufac- 
turing. At the same time , the men and women who toil for a living need to know that they 
will be treated with respect and dignity. 

"International trade is of particular importance to many citizens in our State. We 
charge you to consider establishing a subcommittee to investigate the import/export poli- 
cies under which we must operate and report recommended changes to your full Commit- 
tee and then to the floor of this Senate. 

"You will be beset by many demands, some of them at cross purposes. It is your task 
to find a balance between these demands. 

"Grant all of those who come before you a full and fair audience. Treat all with courte- 
sy. Be patient. Be fair. 

"Above all else, keep the well-being of our State uppermost in your mind as you make 
your decisions. " 



February 4, 1991 



1991] SENATE JOURNAL 35 

PENSIONS AND RETIREMENT COMMITTEE: 
Senator Block (Chairman) 

Senator Conder (Vice-Chairman) 

Senator Speed (Vice-Chairman) 

Senator Carpenter (Ranking Minority Member) 
Senators Basnight, Bryan, Daughtry, Hunt, Marvin, Plexico, Plyler, Pollard, Royall, 
Seymour, Sherron, and Winner. 

"A sound retirement and pension policy is essential as we strive to attract and keep 
good employees serving our State. We appreciate your willingness to look at the State- 
administered retirement benefit and pension plans for public officers and employees. 

"You will be faced with various proposals and it will be your job to consider policies 
that will maintain a sound system for our State. The Senate is confident of your ability to 
guide us properly in this very important work." 

PUBLIC UTILITIES COMMITTEE: 

Senator Seymour (Chairman) 

Senator Sherron (Vice-Chairman) 

Senator Smith (Ranking Minority Member) 
Senators Blackmon, Carpenter, Cochrane, Goldston, Hunt, Johnson, Martin of Pitt, 
Murphy, Parnell, Royall, Soles, Staton, and Warren. 

"Members of the Committee on Public Utilities, it would be difficult to exaggerate the 
widespread public concern present throughout North Carolina about the increased high 
cost of utilities. It would likewise be difficult to discover a more complicated legal prob- 
lem than that of rate-making for public utilities. 

"We are asking a great deal of you. So are the people. 

"In your deliberation, the Senate charges you to work diligently, to be firm, to be fair- 
minded, and to keep your duty as representatives of the people always before you." 

REDISTRICTING COMMITTEE 
Senator Winner (Chairman) 

Senator Allran (Ranking Minority Member) 
Senators Ballance, Basnight, Bryan, Cochrane, Daniel, Johnson, Kaplan, Kincaid, 
Martin of Guilford, Martin of Pitt, Marvin, Odom, Perdue, Plexico, Plyler, Sands, 
Shaw, Smith, Soles, Staton, and Walker. 

CONGRESSIONAL REDISTRICTING SUBCOMMITTEE 
Senator Walker (Chairman) 

Senator Staton (Vice-Chairman) 
Senators Allran, Ballance, Bryan, Martin of Pitt, Marvin, Odom, Perdue, Smith, and 
Soles. 

LEGISLATIVE REDISTRICTING SUBCOMMITTEE 
Senator Johnson (Chairman) 

Senator Kaplan (Vice-Chairman) 
Senators Basnight, Cochrane, Daniel, Kincaid, Martin of Guilford, Plexico, Plyler, 
Sands, and Shaw. 

"The census of 1990 demands that North Carolina redistrict the election boundaries to 
make as equal as possible the number of people contained in each senatorial and each 
congressional district. The Senate charges these Committees to fairly and equitably reap- 
portion these districts so that each of our citizens gets the proper representation. 

"The Senate realizes the importance of the work you will do on these Committees and 
is confident that it will be successfully discharged." 



February 4, 1991 



36 SENATE JOURNAL [Session 

RULES AND OPERATION OF THE SENATE COMMITTEE: 
Senator Winner (Chairman) 

Senator Kaplan (Vice-Chairman) 

Senator Plyler (Vice-Chairman) 

Senator Bryan (Ranking Minority Member) 
Senators Block, Carter, Daniel, Hartsell, Hunt, Hyde, Kincaid, Marvin, Royall, Simp- 
son, Soles, Staton, Walker, and Ward. 

"The rules governing the operation of this Senate should be structured so as to make us 
efficient as well as fair to all members who have been duly elected by their constituents. 
It will be your duty to monitor the operation of this Senate and to propose modifications to 
our rules when you determine that such are necessary for efficiency and fairness. 

"We are certain that you and your Committee will carry out your assignment for the 
benefit of this Senate and the people of this State." 

STATE PERSONNEL AND STATE GOVERNMENT COMMITTEE: 
Senator Sherron (Chairman) 

Senator Richardson (Vice-Chairman) 

Senator Simpson (Ranking Minority Member) 
Senators Allran, Conder, Daughtry, Forrester, Goldston, Hunt, Johnson, Martin of 
Pitt, Raynor, Royall, Sands, Staton, and Warren. 

"The problems and concerns of the people who work in State government are real and 
require the best thinking of this General Assembly. Dedicated State employees make it 
possible for government to serve the public. 

"A caring employer who recognizes the need for proper working conditions and ade- 
quate pay for work performed brings about dedicated employees. 

"Likewise, the taxpayers of this State and, indeed, of the whole nation are demanding 
efficiency in government. They deserve no less. We charge you to build carefully, to 
build for the future, and to build with our taxpayers in mind. They have demanded effi- 
ciency in government; we must provide that efficiency to the people of North Carolina. 

"You and your Committee have been chosen because of our confidence in your ability 
to meet the challenge of the work which will confront you. Thank you for your willing- 
ness to serve." 

TRANSPORTATION COMMITTEE: 
Senator Goldston (Chairman) 

Senator Basnight (Vice-Chairman) 

Senator Murphy (Vice-Chairman) 

Senator Smith (Ranking Minority Member) 
Senators Allran, Carpenter, Kaplan, Martin of Pitt, Odom, Parnell, Plyler, Pollard, 
Raynor, Richardson, Speed, and Ward. 

"The problem of construction, maintenance and upgrading of roads in North Carolina 
is a problem that demands continual and diligent review. We want to keep our reputation 
as the 'Good Roads State.' 

"During the 1989-90 Session of the General Assembly, an historic piece of legislation 
was enacted that required the combined efforts and resolve of many individuals and 
groups within the Legislature and the business community. The Highway Trust Fund will 
ensure that North Carolina's roads will continue to be safe corridors of travel for all of 
their citizens, and at the same time, providing one of the means by which North Caroli- 
na's economy can grow and flourish. Good jobs follow good roads. 

"Senator Goldston, you and your Committee are charged to examine and re-examine 
laws under which the Department of Transportation operates. Give careful consider- 
ation to such proposals as may come before you and be always receptive to innovative 
approaches to the problems of transportation. 



February 4, 1991 



1991] SENATE JOURNAL 37 

"This Committee is also charged with the task of reviewing House Bill 399, searching 
for appropriate revisions and modifications that would enhance the performance of this 
and all other transportation legislation. 

"It is your duty to see that we protect and continue to develop this very important 
system and we thank you for undertaking this effort." 

TRAVEL AND TOURISM AND CULTURAL RESOURCES 
COMMITTEE: 

Senator Warren (Chairman) 

Senator Seymour (Vice-Chairman) 

Senator Shaw (Ranking Minority Member) 
Senators Basnight, Block, Carter, Cochrane, Hyde, Lee, Perdue, Plexico, andRaynor. 

"North Carolina is blessed with hundreds of miles of the world's most spectacular 
beaches, combined with some of the most breathtaking mountain vistas anywhere. Lo- 
cated between these two corridors of natural beauty is a region filled with historic vil- 
lages, rolling countryside, progressive urban centers, some of the nation's finest resorts, 
and most importantly, a people whose friendliness and sincerity are unmatched any- 
where. Indeed, the people of North Carolina are the most important reminders and 
stewards of our State's motto, 'To be rather than to seem.' 

"In addition, North Carolina's parks provide relaxation and recreation from the 
mountains to the sea. During this session, investigate ways to protect and enhance our 
parks, so that our children and their children will be able to enjoy their benefits for de- 
cades to come. 

"This Committee is charged with the task of initiating and reviewing legislation that 
will protect and nourish this important component of North Carolina's economy and 
heritage. The Senate appreciates all you will do in this new undertaking." 

VETERAN AFFAIRS, LAW ENFORCEMENT, AND SENIOR 
CITIZENS COMMITTEE: 
Senator Raynor (Chairman) 

Senator Perdue (Vice-Chairman) 
Senator Carpenter (Ranking Minority Member) 
Senators Forrester, Hyde, Lee, Parnell, Plexico, and Speed. 

"These are three of the most important constituent groups in our State, and we must do 
everything we can to secure their social and economic well-being. 

"This Session your Committee will be asked to review State government policies to 
make sure our veterans are receiving rightful consideration and that senior citizens are 
provided quality care. We must continue to find ways to utilize both these valuable re- 
sources for their own benefit and for our State. 

"Our law enforcement officers throughout this State protect life and property at the risk 
of their own. Consider ways in which this General Assembly can enhance law enforce- 
ment and the role of those involved. 

"We have confidence in your ability, to proceed fairly and promptly with such special 
legislation as you may receive dealing with either or all of these groups. 

"We appreciate your interest in these citizens who have provided for us and we look 
forward to your proposals for improving their lives." 

FINANCE COMMITTEE: 

Senator Daniel (Chairman) 

Senator Goldston (Vice-Chairman) 

Senator Soles (Vice-Chairman) 

Senator Royall (Vice-Chairman) 

Senator Smith (Vice-Chairman and Ranking Minority Member) 
Senators Allran, Carpenter, Daughtry, Hyde, Kaplan, Lee, Plexico, Raynor, Sands, 
Seymour, Shaw, Sherron, and Winner. 



February 4, 1991 



38 SENATE JOURNAL [Session 

"The Finance Committee is entrusted with the responsibility for consideration of legis- 
lation which affects or may affect the revenue of our State. The economic health of our 
State, while sound, is threatened by the larger economic crisis which exists in our nation. 
You are instructed to use utmost diligence to assure that our State's revenue capacity 
remains able to adequately fund necessary services. The sound reputation of the State of 
North Carolina for fiscal integrity must never be compromised. You are further in- 
structed to see that our revenue laws spread that tax burden fairly among all citizens. 

"The Senate depends on you to review the economic picture of our State and determine 
what proposals will best serve the interest of all our citizens. 

"Each year our finance laws become more complex and more important to our State's 
well-being. 

"The Senate is confident that this Committee will carry out its responsibilities with 
thoroughness and fairness. We appreciate your willingness to serve and wish you well in 
your work. " 

APPROPRIATIONS COMMITTEE: 
Senator Basnight (Chairman) 

Senator Royall (Vice-Chairman) 

Senator Johnson (Vice-Chairman) 

Senator Murphy (Vice-Chairman) 

Senator Kincaid (Vice-Chairman and Ranking Minority Member) 
Senators Ballance, Blackmon, Block, Bryan, Carter, Cochrane, Conder, Forrester, 
Hartsell, Hunt, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Perdue, 
Plyler, Pollard, Richardson, Simpson, Speed, Tally, Walker, Ward, and Warren. 

APPROPRIATIONS ON EDUCATION COMMITTEE: 

Senator Ward (Chairman) 

Senator Conder (Vice-Chairman) 

Senator Carter (Ranking Minority Member) 
Senators Hunt, Simpson, and Warren. 

APPROPRIATIONS ON GENERAL GOVERNMENT COMMITTEE: 
Senator Martin of Guilford (Chairman) 

Senator Block (Vice-Chairman) 
Senator Hartsell (Ranking Minority Member) 
Senators Perdue and Speed. 

APPROPRIATIONS ON HUMAN RESOURCES COMMITTEE: 

Senator Richardson (Chairman) 

Senator Walker (Vice-Chairman) 
Senator Forrester (Ranking Minority Member) 
Senators Cochrane and Murphy 

APPROPRIATIONS ON JUSTICE AND PUBLIC SAFETY 
COMMITTEE: 

Senator Marvin (Chairman) 

Senator Parnell (Vice-Chairman) 
Senator Bryan (Ranking Minority Member) 
Senators Ballance, Blackmon, and Odom. 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES 
COMMITTEE: 

Senator Martin of Pitt (Chairman) 

Senator Tally (Vice-Chairman) 
Senator Kincaid (Ranking Minority Member) 
Senators Johnson and Pollard. 



February 4, 1991 



1991] SENATE JOURNAL 39 

BASE BUDGET COMMITTEE: 

Senator Plyler (Chairman) 

Senator Royall (Vice-Chairman) 

Senator Johnson (Vice-Chairman) 

Senator Kincaid (Vice-Chairman) 

Senator Murphy (Vice-Chairman) 

Senator Simpson (Ranking Minority Member) 
Senators Ballance, Basnight, Blackmon, Block, Bryan, Carter, Cochrane, Conder, 
Forrester, Hartsell, Hunt, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Perdue, Pollard, Richardson, Speed, Tally, Walker, Ward, and Warren. 

"The duties of the Appropriations Committees are great, their burdens heavy, and 
their responsibilities difficult, under even the best of economic conditions. In 1991, 
many factors within our State and beyond have combined to make these duties even 
greater, the burdens heavier, and the responsibilities even more difficult. 

"You will receive for your consideration the budget appropriations bill. 

"You will study it in detail, line-item by line-item, and each recommended capital and 
expansion item in that bill, and any supplemental requests that you may receive and all 
special appropriations bills that may be referred to you. You will also identify any pro- 
grams that are not absolutely essential to the efficient and harmonious operation of this 
State and recommend appropriate changes in those programs to this Body. 

"You will identify and recommend any new and innovative budget expansions to meet 
the needs of the people that, in your judgment, can be supported within the funds avail- 
able. 

"You shall work in cooperation with any Senate Committee and with any House Com- 
mittee, when it appears appropriate for you to do so; it will make the work you produce 
better and will bring benefits to the people of our State. 

"Your task will be a difficult one, but I am confident that each of you will undertake it 
to the best of your ability and propose a Constitutionally-mandated balanced budget for 
our State. " 

WAYS AND MEANS COMMITTEE: 
Senator Royall (Chairman) 

Senator Kaplan (Vice-Chairman) 

Senator Daniel (Vice-Chairman) 

Senator Daughtry (Ranking Minority Member) 
Senators Basnight, Carter, Conder, Forrester, Goldston, Lee, Martin of Pitt, Plyler, 
Shaw, Sherron, Soles, Tally, Walker, and Ward. 

"This Committee is responsible for coordinating efforts between the Appropriations 
and Finance Committees in order to carry out our Constitutional mandate of adopting a 
balanced budget. We must weigh the needs of our citizens with our obligation to do what 
is fiscally responsible. You will be called on to review bond issues and other proposals 
that affect our spending and taxing policies. 

Senator Royall, your experience in both finance and appropriations is invaluable to 
this Senate and the State of North Carolina. As such we are asking you to serve on both 
the Finance and Appropriations Committees. You and your Committee are charged to 
work carefully with the Chairmen of both Finance and Appropriations to develop a truly 
balanced budget in the most difficult of times. Your expertise in both Committees is 
needed now more than ever. 

"The challenge will be even greater this year to continue to bring our budget into bal- 
ance, considering our varying budget estimates and recent federal tax changes. The 
Senate, in advance, thanks you for accepting this challenge and your willingness to 
serve." 



February 4, 1991 



40 SENATE JOURNAL [Session 

REASSIGNMENT OF SEAT 

Pursuant to Rule 72, Senator Barnes announces that Senator Royall will assume Seat 
25, vacated due to the death of the late Senator from Nash County, James E. Ezzell, Jr. 



MAJORITY WHIP 

The Chair recognizes Senator Kaplan, who announces Senator Goldston replaces the 
late Senator from Nash County, James E. Ezzell, Jr., as a majority whip. 

The President recognizes the following pages serving in the Senate this week: Gina D. 
Bennett, Louisburg; Cecily Anne Boyd, Raleigh; Thomas Perry Bullard III, Burlington; 
Delaina Joy Davis, Albertson; Melvin Ray Edwards, Raleigh; Bridgett Michelle Elliott, 
Newton Grove; Michelle Lovette, Haw River; Amy Rose Mayo, Vanceboro; Nancy B. 
Middlebrook, Manteo; Krystal Lynne Piver, Nakina; Jeremy Lee Tilson, Huntersville; 
John Steven Toney, Cary; and Karen Melissa Woolard, Vanceboro. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns at 
9:00 P.M. to meet tomorrow, February 5, at 1:30 P.M. 



FOURTH DAY 



Senate Chamber, 
Tuesday, February 5, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, beginning any task or taking the first steps of a long journey are experi- 
ments that get us in touch with an essential component of living and growing risk. 

"Someone once said: 'Don't be afraid to take a big step if taking one is necessary. 
You can't cross a chasm in two small jumps.' 

"Father, grant to all of us the courage we need to accept the risks we must take in order 
to serve others and You. We remember that You did not promise us an easy life. But 
with gratitude, we remember Your promise, that You would give us Your help in living it. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 4, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 16, an act to appoint members of the Whiteville City Board of Education. 
(Ch. 1) 

H.J.R. 1, a joint resolution expressing support for the military troops in the Persian 
Gulf and honoring those who have died while serving in the Persian Gulf. (Res. 2) 



February 5, 1991 



1991] SENATE JOURNAL 41 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Johnson, Sands, Bryan, and Speed: 

S. B. 10, a bill to make certain technical and clarifying amendments to Chapter 126 of 
the General Statutes regarding the State Personnel System. 

Referred to State Personnel and State Government Committee. 

By Senator Johnson: 

S.B. 11, a bill to repeal the sunset provision of the Administrative Procedure Act. 

Referred to Judiciary I Committee. 

By Senator Johnson: 

S.B. 12, a bill making the administrative rule-making process more uniform by ap- 
plying the Administrative Procedure Act's rule-making provisions to all principal State 
departments. 

Referred to Judiciary I Committee. 

REPORTS TO THE GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly sub- 
mit reports, as follows: 

Pursuant to G.S. 113A, Article 6, the Department of Environment, Health and Natu- 
ral Resources submits the Biennial report of the North Carolina Trails System for Fiscal 
Years 1987-1988 and 1988-1989. 

Pursuant to Section 14(b) (7) (8) of Senate Bill 43 of the 1989 Session of the General 
Assembly, the North Carolina Department of Public Instruction submits the Report on 
Dropout Prevention. 

Pursuant to House Bill 141 of the 1989 General Assembly, the Department of Human 
Resources submits "The North Carolina Social Services Plan: A Road Map for 
Change." 

Pursuant to Part XV of Chapter 802 of the 1989 Session Laws, the Depository Institu- 
tions Study Commission Report is submitted. 

Pursuant to Part VIII of Chapter 802 of the 1989 Session Laws, the Medical Malprac- 
tice Claims Arbitration Study Commission Report is submitted. 

Pursuant to Section 21.4 of Chapter 802 of the 1989 Session Laws, the State Personnel 
System Study Commission Final Report is submitted. 

Pursuant to G.S. 143B-426. 21 (b)(3), the State Information Processing Services De- 
partment of the North Carolina Office of the State Controller submits the Annual Infor- 
mation Processing Report and Plan for Fiscal Year 1990-91. 

Pursuant to Part X of Chapter 802 of the 1989 Session Laws, the Report of the Com- 
mission on the Family is submitted. 

Pursuant to G.S. 110-148(c)(5) the North Carolina Department of Public Instruction 
submits the North Carolina Children's Trust Fund Report. 

Pursuant to Section 27(a) of Senate Bill 1427 of the 1989 General Assembly, Second 
Session 1990, the North Carolina Department of Public Instruction submits the Educa- 
tion Governance Study Report. 



February 5, 1991 



42 SENATE JOURNAL [Session 

The Senate accepts the Reports, which are ordered placed on file in the Legislative 
Library. (See Addendum) 

APPOINTMENT TO COMMITTEES 

The President Pro Tempore announces changes in appointments to standing commit- 
tees, as follows: 

Finance Committee: Senator Staton is appointed. 

Ways and Means Committee: Senator Blackmon is appointed. 

Senator Staton requests and with unanimous consent is granted a leave of absence for 
Legislative Day Three, Monday, February 4. 

On motion of Senator Barnes, seconded by Senator Carter, the Senate adjourns at 
1:50 P.M. to meet tomorrow, February 6, at 1:30 P.M. 



FIFTH DAY 



Senate Chamber, 
Wednesday, February 6, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, the words of the late Duke Ellington, another servant of Yours, are ap- 
propriate for us here today. He said, 'A problem is a chance for you to do your best. ' 

"Father, we are grateful, that in some mysterious way, when things are at their worst, 
we seem to find within ourselves our very best. Could this mysterious strength in the face 
of adversity be more than just coincidence? Could it instead by Your strong yet peaceful 
Voice coaxing us to reach higher and to dig deeper when the going is tough? If that 
indeed is Your Voice, Father, and we believe it is, help us to heed to that Voice as we 
tackle the challenges that lie before us. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 5, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Tally, Basnight, Block, Plexico, Smith, Walker, Ward, and Winner: 
S. J.R. 13, a joint resolution to continue the Legislative Research Commission Study 
on the development of a State strategy for the protection of all groundwater resources. 
Referred to Appropriations Committee. 

By Senators Tally, Basnight, Block, Plexico, Walker, Ward, and Winner: 
S.B. 14, a bill to appropriate funds to qualified counties to survey, clean up, and 
eliminate illegal discharges of sewage onto land or into surface waters in violation of 
Article 11 of Chapter 130A of the North Carolina General Statutes. 
Referred to Appropriations Committee. 



February 6, 1991 



1991] SENATE JOURNAL 43 

By Senators Tally, Basnight, Block, Plexico, Walker, Ward, and Winner: 
S.B. 15, a bill to clarify language to authorize local Boards of Health to adopt rules 
more stringent than the Commission for Health Services or the Environmental Manage- 
ment Commission when deemed necessary to protect the public health. 
Referred to Human Resources Committee. 

By Senator Winner: 

S.B. 16, a bill to divide North Carolina into twelve Congressional districts. 

Referred to Redistricting Committee. 

By Senator Winner: 

S.B. 17, a bill to establish Senatorial districts and to apportion seats in the Senate 
among districts. 

Referred to Redistricting Committee. 

By Senators Marvin, Forrester, Odom, Seymour, Tally, Walker, and Ward: 
S.B. 18, a bill to appropriate funds to the Department of Administration to help sup- 
port domestic violence and sexual assault prevention programs and centers. 
Referred to Appropriations Committee. 

By Senators Marvin, Forrester, Odom, Seymour, Tally, Walker, and Ward: 
S.B. 19, a bill to appropriate funds to the Department of Human Resources to con- 
tract with organizations for services related to the prevention of youth suicide. 
Referred to Appropriations Committee. 

By Senators Ballance, Allran, Carpenter, Cochrane, Forrester, Hartsell, Raynor, 
and Soles: 

S.B. 20, a bill to reinstate the exemption for certain drivers licenses for public safety 
workers. 

Referred to Transportation Committee. 

By Senators Ballance, Carpenter, Forrester, Hartsell, Perdue, Raynor, Soles, and 
Warren: 

S.B. 21, a bill to increase the monthly benefits from the North Carolina Firemen's 
and Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Ballance, Carpenter, Cochrane, Forrester, Hartsell, Perdue, Raynor, 
Soles, and Warren: 

S.B. 22, a bill to permit paid firemen to receive pension benefits from the North Caro- 
lina Firemen's and Rescue Squad Workers' Pension Fund whether or not they stay on a 
local payroll. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Forrester, Carter, Shaw, Marvin, Smith, Richardson, and Odom: 
S.B. 23, a bill to prohibit the use of blue lights by anyone other than law enforcement 
personnel. 

Referred to Veteran Affairs, Law Enforcement, and Senior Citizens Com- 
mittee. 

By Senator Raynor: 

S.B. 24, a bill to deny eligibility for or revoke the drivers license of a delinquent minor 
for one year for alcohol, drug, or firearms violations. 
Referred to Judiciary I Committee. 



February 6, 1991 



44 SENATE JOURNAL [Session 

By Senator Raynor: 

S.B. 25 , a bill to authorize inspections of ABC licensed premises by local law enforce- 
ment officers. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Ballance, Carpenter, Forrester, Hartsell, Perdue, Soles, and Warren: 

S.B. 26, a bill to modify the Statutes governing fire relief funds. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 

re-referred to the State Personnel and State Government Committee and, upon 

a favorable report, to the Appropriations Committee. 

By Senators Ballance, Carpenter, Forrester, Hartsell, Perdue, Soles, and Warren: 
S.B. 27 , a bill to permit injured firemen to receive disability payments under the North 

Carolina Local Governmental Employees' Retirement System after one year's service. 
Referred to Pensions and Retirement Committee and, upon a favorable report, 

re-referred to the Appropriations Committee. 

By Senators Ballance, Carpenter, Cochrane, Forrester, Hartsell, Perdue, Soles, and 
Warren: 

S.B. 28, a bill to permit voluntary contributions to the North Carolina Firemen's and 
Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Marvin, Hunt, Lee, Plexico, Richardson, Seymour, Tally, and Walker: 
S.B. 29, a bill to require school principals to limit the amount of time a school coun- 
selor is assigned to noncounseling duties. 
Referred to Education Committee. 

By Senators Speed, Odom, and Shaw: 

S.B. 30, a bill to clarify the disciplinary authority of the General Contractors Licens- 
ing Board, and to provide that a person who prefers charges against a licensee is an 
aggrieved party under Chapter 150B. 

Referred to State Personnel and State Government Committee. 

By Senators Speed, Odom, and Shaw: 

S.B. 31, a bill to amend Chapter 66 of the General Statutes regulating prepaid enter- 
tainment contracts to include sales of campground memberships. 
Referred to Judiciary II Committee. 

By Senators Speed, Odom, and Shaw: 

S.B. 32, a bill to amend Chapters 160A and 153A of the General Statutes relating to 
the duties of local building inspectors. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Speed, Odom, and Shaw: 

S.B. 33, a bill to equalize the damage disclosure requirements for auto manufacturers 
and new car dealers. 

Referred to Judiciary II Committee. 

By Senators Speed, Odom, and Shaw: 

S.B. 34, a bill to abolish the use of the Rule of 78s as it pertains to installment loans 
secured by mobile homes. 

Referred to Banks and Thrift Institutions Committee. 

The Chair recognizes Senator Johnson, who submits a statement pursuant to the Code 
of Ethics of the North Carolina State Bar Association, and offers a motion it be spread 
upon the Journal, which motion prevails. 



February 6, 1991 



1991] SENATE JOURNAL 45 

The Chair directs the Reading Clerk to read the statement sent forward by Senator 
Johnson and orders the statement spread upon the Journal, as follows: 

"I would like to inform the Senate in open Session that a member of my firm has been 
employed by the Aluminum Company of America as a legislative agent. I would like to 
further advise the Senate that I will not participate in any manner in those matters that 
are subject to his engagement." 

Senator Murphy is recognized and offers a motion that the Senate, upon adjournment, 
adjourn in memory of the late Thomas Jackson White, former Senator from Lenoir 
County, which motion prevails. 

Senator Barnes announces the following Senators as the delegation from the Senate to 
attend the funeral of the late Thomas Jackson White, former Senator from Lenoir 
County: Senators Murphy and Hyde, Chairmen; Senators Speed, Royall, Kincaid, 
Soles, and Raynor. 

On motion of Senator Barnes, seconded by Senator Murphy, the Senate adjourns at 
2:00 P.M. in memory of the late Thomas Jackson White, former Senator from Lenoir 
County, to meet tomorrow, February 7, at 1:00 P.M. 



SIXTH DAY 



Senate Chamber, 
Thursday, February 7, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, remind us today that the link between communication and accomplish- 
ment is a subtle yet strong link, and that the name of that link is endurance. 

"We have learned, Father, that success in the legislative process depends on an indi- 
vidual's ability to communicate ideas, information, and beliefs with clarity and convic- 
tion. That same success also depends on having the energy and resolve necessary to 
communicate often with others about timely issues and concerns. 

"Certainly, endurance is essential to the work of this Body and of this State. Give 
then, to all of us, but especially to these Senators, the endurance they need to see the race 
to its end, and the ability to run that race in a manner pleasing to You. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 6, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Perdue , who is out of State 
on family business. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Ballance: 

S.B. 35, a bill to prohibit financial institutions from opening checking accounts for 
persons with three or more worthless check convictions. 

Referred to Banks and Thrift Institutions Committee and, upon a favorable 
report, re-referred to the Finance Committee. 



February 7, 1991 



46 SENATE JOURNAL [Session 

By Senator Ballance: 

S. B. 36, a bill to provide maximum fees that may be charged by financial institutions 
and merchants for returned checks, to levy a tax on the processing of returned checks, 
and to provide that the proceeds of the tax shall be used for public school building capital 
costs. 

Referred to Banks and Thrift Institutions Committee and, upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Carpenter, Carter, Cochrane, Conder, Forrester, Hartsell, Marvin, and 
Odom: 

S. B. 37, a bill to authorize the issuance of two hundred seventy-five million dollars in 
general obligation bonds of the State , subject to a vote of the qualified voters of the State , 
to provide funds, with any other available funds, for general State purposes. 

Referred to Finance Committee and, upon favorable report, re-referred to the Ap- 
propriations Committee. 

By Senators Kincaid and Smith: 

S.B. 38, a bill to prohibit "stacking" of underinsured motorist coverages. 

Referred to Judiciary I Committee. 

By Senators Kincaid, Smith, Hartsell, Cochrane, Simpson and Bryan: 
S.B. 39, a bill to provide that no safe driver incentive plan points shall be assessed for 
the first accident within three years if there is property damage only and no moving viola- 
tion involved. 

Referred to Insurance Committee. 

By Senator Soles: 

S.B. 40, a bill to consolidate and simplify the special license plate laws. 
Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Staton, Plyler, Carpenter, and Conder: 

S.B. 41, a bill to make technical changes to the Savings Institutions Law. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Plyler, Carpenter, and Conder: 

S.B. 42, a bill to make certain technical amendments to the banking laws. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Odom, Allran, Basnight, Blackmon, Block, Bryan, Carpenter, Carter, 
Cochrane, Daniel, Daughtry, Forrester, Hartsell, Johnson, Kincaid, Lee, Martin of 
Pitt, Marvin, Murphy, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, 
Sands, Seymour, Shaw, Simpson, Smith, Speed, Staton, Tally, Walker, and Ward: 

S.B. 43, a bill to provide for automatic commitment of persons found not guilty by 
reason of insanity of violent crimes and shifting burden of proof. 

Referred to Judiciary II Committee. 



REPORTS TO THE GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly sub- 
mit reports which are placed on file in the Legislative Library, as follows: 

Pursuant to G.S. 7A-741 and 1989 Session Law Chapter 802 Section 22.1, the Report 
of the Juvenile Law Study Commission is presented to the Senate. The Senate accepts 
the Report, and it is ordered placed on file in the Legislative Library. (See Addendum) 



February 7, 1991 



1991] SENATE JOURNAL 47 

On motion of Senator Barnes, seconded by Senator Allran, the Senate adjourns at 
1:13 P.M. to meet Monday, at 8:00 P.M. 



SEVENTH DAY 

Senate Chamber, 

Monday, February 11, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father and Our Lord, as these Senators begin again the work of this Legislature, 
remind them and all of us of the temptations that naturally seem to go with the job. 

"Remind us that if we are true to ourselves then it is not possible to be all things to all 
people. 

"Remind us that to do the right deed for the wrong reason may be beneficial in the short 
run, but it will always catch up to us down the road. 

"And most of all, remind us that it truly is better to be, rather than to seem. Amen. " 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
February 7, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Blackmon, who is at- 
tending a special business program scheduled prior to his election and to Senator Perdue 
and Senator Raynor. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and dis- 
posed of as follows: 

By Senator Parnell: 

S.B. 44, a bill to exempt Robeson County from certain statutory requirements in the 
construction of a County detention facility. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Marvin, Odom, Bryan, Carpenter, and Smith: 

S.B. 45, a bill to appropriate funds for capital needs at community-based rehabilita- 
tion facilities. 

Referred to Appropriations Committee. 

By Senator Allran: 

S.B. 46, a bill concerning disposition of property for local development in Catawba 
County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Simpson and Kincaid: 

S.B. 47, a bill to permit certain Radio Emergency Associated Citizens Teams 
(REACT) vehicles to activate amber lights while operating on the highways. 
Referred to Transportation Committee. 



February 11, 1991 



48 SENATE JOURNAL [Session 

By Senators Block and Carpenter: 

S.B. 48, a bill to extend to airport authorities the authority to purchase property sub- 
ject to a purchase money security interest. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Odom, Ballance, Carpenter, Goldston, Hunt, Raynor, Shaw, and Win- 
ner: 

S.B. 49, a bill to provide a mechanism to assure that only land used exclusively for 
commercial farming may qualify for present use value taxation. 

Referred to Finance Committee. 

By Senator Shaw: 

S.B. 50, a bill to appoint a person to fill a vacancy on the State Board of Transporta- 
tion upon the recommendation of the President of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Conder and Carpenter: 

S.B. 51, a bill to modify the Funeral and Burial Trust Fund Act. 
Referred to Human Resources Committee and, upon a favorable report, re-ref- 
erred to the Finance Committee. 

The Chair directs the Reading Clerk to read and upon motion on Senator Winner the 
contents are spread upon the Journal, as follows: 

Your kind expression of sympathy is gratefully acknowledged and deeply appreciated 

Family of Jim Ezzell 

"Please share with your staff and the Senate members, my gratitude for all the flowers, 
love, prayers and friendship. 

"Jim's death has been a traumatic shock to me, our family, friends and community. 

"It's such a comfort to know he touched so many lives on varied levels. The life he 
lived has inspired me as well as all he touched. 

"Your support has given me strength to work hard to keep his positive outlook in my 
life. 

Love, 
SI Patsy" 

The President recognizes the following pages serving in the Senate this week: 

Jennifer L. Andrews, Nashville; Ashlyn Jo Bulluck, Rocky Mount; Emily Jane Cole, 
Burlington; Nancy Elizabeth Ely, Goldsboro; Daniel A. Ettefagh, Raleigh; Mary S. 
Graves, Burlington; Penny Griffin, Clinton; Steve Lassiter, Apex; Krista Nichole 
Manus, Waxhaw; Amy Lynn Newton, Louisburg; Wendy J. Rash, Huntersville; Kel- 
lie Delayne Smith, Goldsboro; Jerald K. Turner, Graham; Julia Ann Tyson, Monroe; 
Elizabeth Evelyn Watson, Charlotte; and Carmen Nichole Young, Raleigh. 

On motion of Senator Barnes, seconded by Senator Pollard, the Senate adjourns at 
8:10 P.M. to meet tomorrow, February 12, at 1:30 P.M. 



February 11, 1991 



1991] SENATE JOURNAL 49 

EIGHTH DAY 

Senate Chamber, 

Tuesday, February 12, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Dr. William Simpson, Minister of Edenton Street Methodist 
Church, Raleigh, as follows: 

"A city that is set on a hill cannot be hid. O God, by Whose mercy we discover the 
purpose of life, reveal Your Will to us in this hour. Teach us, good Lord, that decisions 
we make must be informed by higher ideals and purposes than we possess. Inspire those 
who seek to lead this State, that in Your wisdom we might find direction; that in Your 
mercy we could show compassion; that in Your love we can know salvation; that in Your 
promises we can possess hope. May this Body trust so surely in Your guidance that the 
plan You have for us all could flourish. Let us not forget that blessed is the nation whose 
God is the Lord. And let us know clearly that we can never be better than the ideals to 
which we aspire in government, in leadership, in law. In the Name of our Lord, we pray. 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 11, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Blackmon. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Judiciary I Committee: 

S.B. 11, a bill to repeal the sunset provision of the Administrative Procedure Act, with 
a favorable report. 

On motion of Senator Basnight, the bill is re-referred to the Appropriations Com- 
mittee. 

By Senator Sands for the Judiciary II Committee: 

S.B. 31, a bill to amend Chapter 66 of the General Statutes regulating prepaid enter- 
tainment contracts to include sales of campground memberships, with a favorable re- 
port, as amended. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Marvin and Odom: 

S.B. 52, a bill to clarify the authority of law enforcement officers to arrest without a 
warrant for certain misdemeanors. 

Referred to Judiciary II Committee. 



February 12, 1991 



50 SENATE JOURNAL [Session 

By Senators Sherron and Carpenter: 

S.B. 53, a bill to require a repair and renovation budget item. 

Referred to State Personnel and State Government Committee. 

By Senators Sherron and Carpenter: 

S.B. 54, a bill to appropriate funds for the State Construction Office for additional 
staff to expand the Facility Condition Assessment Program. 
Referred to Appropriations Committee. 

By Senator Block: 

S.B. 55, a bill to appropriate funds for shoreline protection at Fort Fisher. 

Referred to Appropriations Committee. 

By Senators Seymour, Martin of Guilford, and Shaw: 

S.B. 56, a bill to authorize the City of Greensboro to levy a room occupancy and 
tourism development tax. 

Referred to Finance Committee. 

By Senators Block, Odom, and Carpenter: 

S.B. 57, a bill to permit elderly individuals to defer payment of property tax increases 
on their residence until the property is transferred. 
Referred to Finance Committee. 

By Senators Block and Carpenter: 

S.B. 58, a bill to authorize qualified dentists to administer general anesthesia. 

Referred to Human Resources Committee. 

By Senators Block and Carpenter: 

S.B. 59, a bill to ensure access to public higher education for North Carolinians with 
proven ability to learn. 

Referred to Higher Education Committee and, upon a favorable report, re-ref- 
erred to the Appropriations Committee. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
1:40 P.M. to meet tomorrow, February 13, at 1:30 P.M. 



NINTH DAY 



Senate Chamber, 

Wednesday, February 13, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Dr. William Simpson, Minister of Edenton Street Methodist 
Church, Raleigh, as follows: 

"Before we were, before the world was, You Were, O God. The life we have, the 
existence we share, You created. And so, as we acknowledge Your pre-existence we 
also affirm Your pre-imminence over all we have and all we do. 

"You have gifted us with different resources and abilities. Help us to see that legisla- 
tors are also stewards, and that the work of this Body also represents the faithful story of 
Your investment in our lives. 

"As we remember Your promises to us, let us also remember our promises to You and 
to the people who have invested their trust in us. Enable us always to lay aside 



February 13, 1991 



1991] SENATE JOURNAL 51 

self-interest for the greater good. Renew our hope in the future and our confidence in 
what we may do to shape the future for good. 

"On this day, we lift to you our leaders: the President of the United States, Your 
servant, George; the Governor of the State of North Carolina, Your servant, James; the 
Lieutenant Governor of this great State, Your servant, James; and all who serve Your 
people. Give them keen minds, inspired leadership, and compassionate hearts. Today, 
may all our work together be for Your glory. Use us to touch the life of Your world that 
peace with justice may reign. Through our Lord, we pray. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 12, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Blackmon, due to the 
death of his brother, Charles Richard Blackmon. 



ADDITIONAL ENDORSEMENT 

Senator Raynor requests to be recorded endorsing a bill previously introduced: 

By Senator Raynor: 

S.B. 57, a bill to permit elderly individuals to defer payment of property tax increases 
on their residence until the property is transferred. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sherron for the State Personnel and State Government Committee: 

S. B. 10, a bill to make certain technical and clarifying amendments to Chapter 126 of 
the General Statutes regarding the State Personnel System, with a favorable report. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Kincaid: 

S . B . 60 , a bill to provide that there shall be no surcharges or premium increases of any 
kind when an insured pays for the damages in an accident involving property damage 
only and the insurance company does not have to pay any claims. 

Referred to Insurance Committee. 

By Senator Shaw: 

S.B. 61, a bill to appoint a person to fill a vacancy on the State Board of Transporta- 
tion upon the recommendation of the President of the Senate. -2 
Referred to Rules and Operation of the Senate Committee. 

By Senator Shaw: 

S.B. 62, a bill to appoint a person to fill a vacancy on the State Board of Transporta- 
tion upon the recommendation of the President of the Senate. -3 
Referred to Rules and Operation of the Senate Committee. 



February 13, 1991 



52 SENATE JOURNAL [Session 

By Senators Simpson and Kincaid: 

S.B. 63, a bill to allow Burke County to name private roads. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Sands, Johnson, Bryan, Speed, and Sherron: 

S.B. 64, a bill to reauthorize the State Personnel System Study Commission. 

Referred to Appropriations Committee. 

By Senators Sands, Soles, and Johnson: 

S.B. 65, a bill to re-establish the Medical Malpractice Claims Arbitration Study 
Commission. 

Referred to Appropriations Committee. 

By Senators Block, Martin of Pitt, and Perdue: 

S.B. 66, a bill to provide that the North Carolina State Ports Authority may receive 
refunds of sales and use taxes paid on direct purchases of tangible personal property. 
Referred to Finance Committee. 

By Senators Block, Martin of Pitt, and Perdue: 

S.B. 67, a bill to provide a tax credit for the use of North Carolina ports. 

Referred to Finance Committee. 

By Senators Block, Martin of Pitt, and Perdue: 

S.B. 68, a bill to exempt the State Ports Authority from the provisions of Chapter 143 
of the General Statutes in the selection of architects, engineers, and other professional 
consultants where the fee for such services is less than thirty thousand dollars. 

Referred to State Personnel and State Government Committee. 

By Senators Staton, Conder, and Carpenter: 

S.B. 69, a bill to regulate the transmission of money and the sale of checks. 
Referred to Banks and Thrift Institutions Committee and, upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Staton and Carpenter: 
S.B. 70, a bill to regulate foreign banks. 

Referred to Banks and Thrift Institutions Committee and, upon a favorable 
report, re-referred to the Finance Committee. 

By Senator Winner, Ballance, Basnight, Bryan, Carpenter, Cochrane, Daniel, 
Daughtry, Hartsell, Hunt, Hyde, Lee, Martin of Pitt, Martin of Guilford, Marvin, Par- 
nell, Plexico, Royall, Sands, Shaw, Sherron, Smith, Speed, and Ward: 

S.B. 71, a bill to amend the North Carolina Constitution to provide for the appoint- 
ment of appellate judges by the Governor, with the advice and consent of the General 
Assembly, and to authorize the General Assembly to provide a procedure to determine if 
judges so appointed should be retained in office. 

Referred to Constitution Committee. 

By Senator Winner, Ballance, Basnight, Bryan, Carpenter, Cochrane, Daniel, 
Daughtry, Hartsell, Hunt, Hyde, Lee, Martin of Pitt, Martin of Guilford, Marvin, Par- 
nell, Plexico, Royall, Sands, Shaw, Sherron, Smith, Speed, and Ward: 

S.B. 72, a bill to provide for appointment of appellate judges by the Governor subject 
to the advice and consent of the General Assembly, to provide for the reconfirmation of 
sitting judges by the General Assembly, and to provide for transitional and other provi- 
sions necessary to move from an elective to an appointive system. 

Referred to Constitution Committee. 

EXECUTIVE ORDERS 

An executive Order received is presented to the Senate, read, and referred to commit- 
tee, as follows: (See Appendix) 



February 13, 1991 



1991] SENATE JOURNAL 53 

Executive Order Number 131, Amendment to Executive Order Number 15, Juve- 
nile Justice Planning Committee. 

Referred to State Personnel and State Government Committee. 



REPORTS TO GENERAL ASSEMBLY 

The following agency directed to report to the General Assembly submits a report 
which is placed on file in the Legislative Library. (See Addendum) 

Pursuant to Chapter 500, Section 86(b) of the 1989 Session Laws, the North Carolina 
Department of Human Resources Report on the Alcohol and Drug Abuse Treatment 
Centers Plan to Improve Efficiency and Effectiveness is presented to the Senate. The 
Senate accepts the Report. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 31, a bill to amend Chapter 66 of the General Statutes regulating prepaid enter- 
tainment contracts to include sales of campground memberships. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

Senator Daniel offers Amendment No. 2 which is adopted (45-0). 

The bill, as amended, passes its second reading (48-0). 

Senator Kaplan objects to the third reading of the bill. 

The bill, as amended, remains on the Calendar for tomorrow, February 14, for further 
consideration, upon third reading. 

On motion of Senator Barnes, seconded by Senator Sherron, the Senate adjourns at 
2:02 P.M. to meet tomorrow, February 14, at 1:30 P.M. 



TENTH DAY 



Senate Chamber, 

Thursday, February 14, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Dr. William Simpson, Minister of Edenton Street Methodist 
Church, Raleigh, as follows: 

"O Father God, You call us to be a community of change, to act with You in trans- 
forming the world according to Your Will. If we are honest with ourselves, we will ac- 
knowledge that this is often difficult, to live simultaneously in the world and to know that 
we are a part of Your people. Show us, Good Lord, the way of reason and hope. Make 
us confident in the knowledge that in the strength of Your love, renewed by Your grace, 
and confronted by Your Word, we can commit ourselves to You. We are a people of 
memory, a peculiar memory — one of being called continuously to leave where we are and 
to move somewhere else. Like Abraham and Issac and Jacob of old, we too must be 
pilgrims with purpose. 

"Now, we pray for courage and conviction to do the right. Teach us that all law must 
come from Your law, and all reason from Your inspiration. As we deliberate, give us a 



February 14, 1991 



54 SENATE JOURNAL [Session 

vision of the people who depend upon us . Make us to know that young minds and willing 
workers as well as those less fortunate and those who struggle look here for guidance and 
hope. Be present here in all that is done this day, we pray. In the Name of our Lord. 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 13, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Smith. 

The President grants courtesies of the floor to Constance K. Wilson, former Senator 
from Mecklenburg County. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Ballance: 

S.B. 73, a bill to call an advisory referendum in Northampton County on the issue of 
hosting a hazardous waste facility. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to Environment and Natural Resources Commit- 
tee. 

By Senators Basnight, Barnes, Block, Conder, Daniel, Hunt, Hyde, Johnson, Mar- 
tin of Pitt, Martin of Guilford, Odom, Perdue, Plexico, Plyler, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Tally, Walker, Ward, and Warren: 

S.B. 74, a bill to provide supplemental pay to State employees and public school em- 
ployees who have been called to active military duty. 

Referred to Appropriations Committee. 

By Senators Daniel, Cochrane, Richardson, and Perdue: 

S. B. 75, a bill giving the Economic Future Study Commission more time to submit its 
final report. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Cochrane, Speed, Richardson, and Carpenter: 

S. B. 76, a bill to appropriate funds to increase funding for in-home aide services and 
caregiver support services. 

Referred to Appropriations Committee. 

By Senators Cochrane, Speed, Richardson, and Carpenter: 

S.B. 77, a bill to appropriate funds for the Long-Term Care Ombudsman Program. 

Referred to Appropriations Committee. 

By Senators Cochrane, Speed, Richardson, and Carpenter: 

S.B. 78, a bill to appropriate funds for the North Carolina Elderly and Handicapped 
Transportation Assistance Program. 

Referred to Appropriations Committee. 

By Senators Richardson, Cochrane, Speed, Carpenter, and Raynor: 
S.B. 79, a bill to appropriate funds to the Alzheimer's Association. 
Referred to Appropriations Committee. 

By Senators Richardson, Carpenter, Cochrane, Forrester, Martin of Guilford, Mar- 
vin, Perdue, Raynor, and Speed: 

S.B. 80, a bill to amend the Home Health Licensure Act. 
Referred to Human Resources Committee. 



February 14, 1991 



1991] SENATE JOURNAL 55 

By Senators Carpenter, Cochrane, Speed, Forrester, and Richardson: 
S.B. 81, a bill requiring that the North Carolina Medical Care Commission and the 
Social Services Commission draft rules containing State standards for special care units 
in nursing homes and rest homes for Alzheimer's and related dementia patients and that 
these Commissions make a report to the Study Commission on Aging. 
Referred to Human Resources Committee. 

By Senator Hyde: 

S.B. 82, a bill to make clogging the official State Dance. 

Referred to Travel and Tourism and Cultural Resources Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 10, a bill to make certain technical and clarifying amendments to Chapter 126 of 
the General Statutes regarding the State Personnel System. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 31, a bill to amend Chapter 66 of the General Statutes regulating prepaid enter- 
tainment contracts to include sales of campground memberships, as amended, upon 
third reading. 

Senator Daniel offers Amendment No. 3 amending Amendment No. 2, which is 
adopted (47-0). 

The bill, as amended, passes its third reading (47-0). 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
1:55 P.M. to meet Monday, February 18, at 8:00 P.M. 



ELEVENTH DAY 



Senate Chamber, 

Monday, February 18, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"The following prayer was first offered by the Reverend Fred Holloman, Chaplain of 
the Kansas Senate. It is equally fitting for us here tonight. 

We get a lot of letters, Lord, 

That almost make us cry. 

Most of them complaining 

That their taxes are too high. 

We've yet to get a letter, Lord, 

From someone who's content, 

Everyone seems unhappy 

About the way their money's spent. 

And we know just what You're thinking, 



February 18, 1991 



56 SENATE JOURNAL [Session 

And we confess it's true, 
That even while we're praying 
We're complaining Lord— to You, 
But, as a point of personal privilege, 
From some of Your lesser saints, 
Couldn't we get just one short letter 
From someone with no complaints? 
In our Lord's Name, Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, Febru- 
ary 14, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Hartsell , who is attending 
a Cabarrus County Commissioners' meeting; to Senator Raynor, due to the hospitaliza- 
tion of his wife; to Senator Staton, due to a previous commitment; to Senator Ballance, 
due to a family matter; and to Senator Odom. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S.R. 83, a Senate simple resolution adopting the Permanent Rules of the Senate for 
the regular sessions of the 1991 General Assembly of North Carolina. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Block: 

S.B. 84, a bill to provide that the Department of Environment, Health, and Natural 
Resources prepare a Water Resources Development Projects Plan and to provide that the 
Director of the Budget review the Plan and adopt a Water Resources Development Pro- 
gram. 

Referred to Environment and Natural Resources Committee. 

By Senator Block: 

S.J.R. 85, a joint resolution authorizing the Legislative Research Commission to 
study surface water. 

Referred to Appropriations Committee. 

By Senators Block, Carpenter, and Bryan: 
S.B. 86, a bill to create a Railroad Advisory Commission. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senator Daughtry: 

S.B. 87, a bill to authorize the Governor to appoint a "Composer-Laureate for the 
State of North Carolina." 

Referred to Travel and Tourism and Cultural Resources Committee. 

By Senators Basnight and Plyler: 

S.B. 88, a bill to make base budget appropriations for current operations of State 
departments, institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senator Bryan: 

S.B. 89, a bill to finance the North Carolina Political Parties Financing Fund through 
gifts from taxpayers' refunds, and to base distribution of the proceeds on the most recent 
vote for Governor. 

Referred to Finance Committee. 



February 18, 1991 



1991] SENATE JOURNAL 57 

By Senators Pollard, Allran, Barnes, Blackmon, Bryan, Carpenter, Carter, Coch- 
rane, Daniel, Daughtry, Forrester, Hartsell, Murphy, Plexico, Raynor, Shaw, Sherron, 
Simpson, and Tally: 

S.B. 90, a bill to provide for a ninety-day period of time for the renewal of expired 
drivers licenses of military personnel deployed in support of "Operation Desert Storm. " 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Staton and Carpenter: 

S.B. 91, a bill to create a savings bank charter in North Carolina. 
Referred to Banks and Thrift Institutions Committee and, upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Cochrane and Johnson: 

S.J.R. 92, a joint resolution honoring the life and memory of Thomas Meredith, on 
the occasion of the centennial of the granting of the charter to Baptist Female University 
(Meredith College) by the North Carolina General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Perdue: 

S.R. 93, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina. 
Referred to Higher Education Committee. 

By Senator Bryan: 

S.B. 94, a bill to repeal the North Carolina Candidates Financing Fund and transfer 
its contents to the General Fund. 
Referred to Finance Committee. 

The Chair directs the Reading Clerk to read a note of appreciation from Senator Black- 
mon for the expression of sympathy by the members of the Senate upon the death of his 
brother, Charles Richard Blackmon. (See Appendix) 

The President recognizes the following pages serving in the Senate this week: 

Christian R. Ahlin, Raleigh; Michael Todd Bracknell, Franklinton; Emily Bright, 
Greenville; Charles Earl Brown, Wilmington; Brent A. Buchanan, Cullowhee; Pauli- 
na Caceres, Raleigh; Brian Lee Goodman, Rockingham; Kristin Alese Hinshaw, 
Mocksville; Elizabeth Anne Innes, Charlotte; Donald Register Jackson, Raleigh; Eric 
Bryan O'Neil, Clayton; Brooke Potts, Mocksville; George Allen Smith, New Bern: 
Luciana Tamara Staggers, Zebulon; John Stillerman, Winston-Salem; Dianna Kath- 
leen Tyson, Waxhaw; Steven Christopher Varley, New Bern; William Edward Whitak- 
er, Buxton; and Richard J. Wohlman, Whittier. 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
8:12 P.M. in memory of the Honorable Joseph Branch, former Chief Justice of the 
North Carolina Supreme Court, to meet tomorrow, February 19, at 3:00 P.M. 



TWELFTH DAY 



Senate Chamber, 
Tuesday, February 19, 1991 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



February 19, 1991 



58 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father and Our Lord, we struggle each day with the gap between the ideal and the 
real. We admit that it is difficult to hold onto lofty values in a world where realistic 
problem solving often means compromising personal convictions for the good of the 
whole. 

"It says in Your Word Father, that as iron sharpens iron, so one person sharpens 
another. This truth certainly applies for those in this Chamber. We know from experi- 
ence that debate and discussion bring into sharper focus the merits and the shortcomings 
of any argument or position. We also know that this process has a refining influence on 
us, helping us to find that vital middle ground between theory and reality, between the 
ideal and the real. 

"Thank You, Father, that good government isn't the only result of the legislative pro- 
cess. Thank you that we become better people for having been involved here. Amen. " 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 18, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Bryan. 

The President grants courtesies of the floor to Thomas F. Taft, former Senator from 
Pitt County. 

The President of the Senate relinquishes the gavel to Senator Hyde, who presides. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Perdue for the Higher Education Committee: 

S.R. 93, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina, with an 
unfavorable report as to Senate simple resolution, but favorable as to Committee Substi- 
tute Senate simple resolution. 

On motion of Senator Perdue, the Committee Substitute Senate simple resolution is 
placed on the Calendar for tomorrow, February 20, for adoption. 

By Senator Goldston for the Transportation Committee: 

S.B. 47, a bill to permit certain Radio Emergency Associated Citizens Teams 
(REACT) vehicles to activate amber lights while operating on the highways, with a fa- 
vorable report. 

S.B. 48, a bill to extend to airport authorities the authority to purchase property sub- 
ject to a purchase money security interest, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Finance Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S.J.R. 95, a joint resolution providing that the Speaker of the House of Representa- 
tives and the President Pro Tempore of the Senate may, during the 1991 Regular Session, 



February 19, 1991 



1991] SENATE JOURNAL 59 

provide for joint sessions of both Houses to act on confirmation of nominees or appoint- 
ments. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Winner: 

S.B. 96, a bill to allow a percentage discount to merchants for collecting State sales 
and use taxes. 

Referred to Finance Committee. 

By Senators Plyler, Conder, Goldston, and Parnell: 

S.B. 97, a bill to implement a master application system for business licenses and to 
appropriate funds to the Department of the Secretary of State to implement the master 
application system. 

Referred to Finance Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Plyler, Goldston, Parnell, and Simpson: 

S.B. 98, a bill to authorize counties that are organizers of a public transportation 
authority to levy a parking privilege tax. 
Referred to Finance Committee. 

By Senators Plyler, Goldston, Parnell, and Simpson: 

S.B. 99, a bill to authorize counties that are organizers of a public transportation 
authority to levy a rental vehicle surtax. 
Referred to Finance Committee. 

By Senators Martin of Guilford, Seymour, and Shaw: 

S. R. 100, a Senate simple resolution honoring the founders of the University of North 
Carolina at Greensboro and urging the Governor to issue a proclamation recognizing the 
University's Centennial. 

On motion of Senator Martin of Guilford, the Senate simple resolution is placed on the 
Calendar for today for adoption. 

By Senators Martin of Guilford and Seymour: 

S.B. 101, a bill to authorize the City of Greensboro to levy a motor vehicle tax not to 
exceed ten dollars. 

Referred to Finance Committee. 

By Senators Richardson, Seymour, Daniel, Carpenter, Smith, and Martin of Pitt: 
S.B. 102, a bill to require that the Department of Human Resources report changes in 
domiciliary home regulating, licensing, and monitoring to the North Carolina Study 
Committee on Aging. 

Referred to Human Resources Committee and, upon a favorable report, re- 
referred to the Finance Committee. 

Senator Staton offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following joint resolution which motion prevails by a two- 
thirds majority vote. 

By Senator Staton: 

S.J.R. 118, a joint resolution providing for confirmation of the appointment of 
William T. Graham as Commissioner of Banks. 

Referred to Banks and Thrift Institutions Committee. 



ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills and resolutions previous- 
ly introduced: 



February 19, 1991 



60 SENATE JOURNAL [Session 

By Senator Seymour: 

S.B. 52, a bill to clarify the authority of law enforcement officers to arrest without a 
warrant for certain misdemeanors. 

By Senator Parnell: 

S.J.R. 92, a joint resolution honoring the life and memory of Thomas Meredith, on 
the occasion of the centennial of the granting of the charter to Baptist Female University 
(Meredith College) by the North Carolina General Assembly. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. R. 100, a Senate simple resolution honoring the founders of the University of North 
Carolina at Greensboro and urging the Governor to issue a proclamation recognizing the 
University's Centennial. 

On motion of Senator Martin of Guilford, the Senate simple resolution, is read in its 
entirety, and on his further motion is adopted. (The text of this resolution appears in the 
Appendix.) 

Senator Daniel requests to be recorded voting "aye." 

INTRODUCTION OF RESOLUTION 

Senator Daniel offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following joint resolution, which motion prevails by a two- 
thirds majority vote. 

By Senator Daniel: 

S.J.R. 121 , a joint resolution honoring the life and memory of Judge William Shakes- 
peare "Sandy" Harris Jr., former member of the General Assembly. 
Referred to Rules and Operation of the Senate Committee. 

The Chair recognizes Senator Carpenter, who offers a motion the rules be suspended 
to the end his grand-nephew, R. J. Wohlman, from Whittier, North Carolina, be al- 
lowed to approach the Well of the Senate to perform two violin selections, which motion 
prevails. 

R. J. Wohlman approaches the Well of the Senate where he performs Concerto Num- 
ber 9 by De Beirto and the Orange Blossom Special. 

On motion of Senator Barnes, seconded by Senator Johnson, the Senate adjourns at 
3:45 P.M. to meet tomorrow, February 20, at 3:00 P.M. 



THIRTEENTH DAY 



Senate Chamber, 

Wednesday, February 20, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 



February 20, 1991 



1991] SENATE JOURNAL 61 

"Compassionate Father, while the work of this Senate goes on, we are aware of those 
in this Body— legislators and members of their families, as well as staff members, who 
are experiencing sickness, injury, or loss. Help all of us to remember that this painful 
reality co-exists along side the more pleasant reality of our daily work and activities. 

"Remind us that at one time or another, all of us deal with hard times. Thank You that 
those hard times are made easier through the concern and sensitivity of our co-workers 
who, more times than not, are also our friends. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 19, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Raynor, due to the hospi- 
talization of his wife. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S. B. 63, a bill to allow Burke County to name private roads, with a favorable report. 

S.B. 44, a bill to exempt Robeson County from certain statutory requirements in the 
construction of a County detention facility, with a favorable report, as amended. 

On motion of Senator Parnell, the rules are suspended, and the bill is placed on the 
Calendar for today for consideration. 

S.B. 46, a bill concerning disposition of property for local development in Catawba 
County, with a favorable report, as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Winner, Kincaid, Staton, and Bryan: 

S.B. 103, a bill to clarify Subchapter S Corporation loss carry forwards. 

Referred to Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 104, a bill to eliminate a taxpayer's deduction for certain contributions of land or 
crops to account for tax credits allowed for the same contributions. 
Referred to Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 105, a bill to provide for payment of excess damages against a State employee for 
collecting or administering an unconstitutional tax. 

Referred to Constitution Committee and, upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 106, a bill authorizing nonresident taxpayers to claim the tax credit for child care 
and certain employment-related expenses. 
Referred to Finance Committee. 



February 20, 1991 



62 SENATE JOURNAL [Session 

By Senators Winner, Kincaid, and Staton: 

S.B. 107, a bill to simplify and modernize certain privilege license taxes to improve 
administration of the taxes. 

Referred to Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 108, a bill to improve administration of the sales and use tax by increasing the 
license taxes, allowing more small retailers to file quarterly sales tax returns, and ex- 
tending the limitations period for enforcing liability against certain transferees and cor- 
porate officers. 

Referred to Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 109, a bill to clarify the prohibition against disclosing tax information, to modify 
the prohibition to permit the exchange of certain information between designated agen- 
cies, and to exclude information submitted on a master tax application form from the 
prohibition. 

Referred to Judiciary II Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 110, a bill to improve the administration of the taxes on motor fuels, special fuel, 
and motor carriers, and to temporarily restore the $40,000 cap on bonds that may be 
required of fuel distributors and suppliers. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Winner, Kincaid, Staton, and Bryan: 

S.B. Ill, a bill to lower the minimum highway use tax and to exempt certain transfers 
of vehicles from the tax. 

Referred to Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 112, a bill to make annual special fuel reports due the same time as annual motor 
carrier reports and to make conforming changes to the motor carrier laws to facilitate 
annual motor carrier reports. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 113, a bill to allow a nonresident couple to file a joint income tax return if only 
one spouse has income from North Carolina sources. 
Referred to Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 114, a bill to repeal inheritance tax exemptions for certain types of property. 

Referred to Finance Committee. 

By Senators Winner, Kincaid, and Staton: 

S.B. 115, a bill to simplify license tax filing for retailers and wholesalers. 

Referred to Finance Committee. 

By Senators Shaw and Martin of Guilford: 

S.B. 116, a bill to increase the bid limits relating to public construction contracts for 
the City of Greensboro. 

Referred to Local Government and Regional Affairs Committee. 



February 20, 1991 



1991] SENATE JOURNAL 63 

By Senators Ward, Conder, and Martin of Guilford: 

S . B . 117, a bill to encourage cooperative educational efforts between the Department 
of Public Education and the Department of Community Colleges. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Higher Education Committee. 

By Senators Sands, Soles, and Tally: 

S.B. 119, a bill to remove the sunset on the act requiring that headlights be illumi- 
nated when windshield wipers are on to make that vehicle more discernible during peri- 
ods of limited visibility. 

Referred to Judiciary II Committee. 

By Senators Richardson, Marvin, and Walker: 

S.B. 120, a bill to annually adjust the Aid to Families with Dependent Children to 
reflect any change in the cost of living. 

Referred to Human Resources Committee and, upon a favorable report, re-ref- 
erred to the Appropriations Committee. 

By Senator Johnson: 

S.B. 122, a bill to define "Career State Employee" and to establish a different set of 
criteria for determining whether a State employee is subject to Chapter 126 of the General 
Statutes. 

Referred to State Personnel and State Government Committee. 

By Senator Odom: 

S.B. 123, a bill to authorize the transfer of plumbing and heating license numbers. 
Referred to Manufacturing and Labor Committee and, upon a favorable re- 
port, re-referred to the Finance Committee. 

By Senators Ward, Conder, and Martin of Guilford: 

S.B. 124, a bill to increase State effort to prevent dropping out of school before gradu- 
ation. 

Referred to Education Committee. 

By Senators Ward, Conder, and Martin of Guilford: 
S.B. 125, a bill to encourage higher education in North Carolina. 
Referred to Higher Education Committee and, upon a favorable report, re-ref- 
erred to the Appropriations Committee. 

By Senators Ward, Conder, and Martin of Guilford: 

S.B. 126, a bill to increase the State effort to provide remediation. 

Referred to Higher Education Committee. 

By Senators Ward, Conder, and Martin of Guilford: 

S.B. 127, a bill to provide for improvement in the funding of public education. 

Referred to Appropriations Committee. 

By Senators Winner, Ballance, Goldston, Hunt, Odom, Raynor, and Shaw: 
S.B. 128, a bill to provide for the systematic review of property exempted or excluded 

from property taxation and to allow property that was erroneously exempted or excluded 

to be treated as discovered property. 
Referred to Finance Committee. 

By Senators Block, Tally, Cochrane, and Ward: 

S.B. 129, a bill to require registration of all water transfers and to require a permit for 
the transfer of one million gallons or more of water per day from one river basin to anoth- 
er. 

Referred to Environment and Natural Resources Committee. 



February 20, 1991 



64 SENATE JOURNAL [Session 

By Senators Sherron, Allran, Basnight, Carpenter, Cochrane, Johnson, Kaplan, 
Odom, Perdue, Plexico, Plyler, Sands, Shaw, Staton, Tally, Ward, and Warren: 

S . B . 130 , a bill to authorize the Conference of Chief District Judges to adopt a sched- 
ule of park and recreation offenses that are waivable and adopt a schedule of fines and 
penalties for those that admit guilt or accept responsibility. 

Referred to Judiciary II Committee. 

By Senators Sherron, Allran, Basnight, Bryan, Carpenter, Cochrane, Johnson, Ka- 
plan, Odom, Perdue, Plexico, Plyler, Sands, Shaw, Staton, Tally, and Warren: 

S.B. 131 , a bill to allow the filing of an affidavit by the Secretary of Transportation or 
by an officer of the railroad to state an intention to preserve a railroad easement for future 
transportation purposes and negate the presumption of abandonment. 

Referred to Transportation Committee. 

By Senators Sherron, Allran, Basnight, Carpenter, Cochrane, Johnson, Kaplan, 
Odom, Perdue, Plexico, Plyler, Sands, Shaw, Staton, Tally, and Warren: 

S.B. 132, a bill to establish a North Carolina Park Authority to manage a park fund 
for land acquisition and capital projects at State parks. 

Referred to Travel and Tourism and Cultural Resources Committee and, 
upon a favorable report, re-referred to the Finance Committee and, upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Sherron, Allran, Basnight, Carpenter, Johnson, Kaplan, Odom, Perdue, 
Plexico, Plyler, Sands, Shaw, Staton, Tally, Ward, and Warren: 

S.B. 133, a bill to amend the definition of Park of the State Park System to include 
State resort areas. 

Referred to Travel and Tourism and Cultural Resources Committee and, 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron, Allran, Basnight, Carpenter, Cochrane, Johnson, Kaplan, 
Odom, Perdue, Plexico, Plyler, Sands, Shaw, Staton, Tally, Ward, and Warren: 

S.B. 134, a bill to authorize the Department of Environment, Health, and Natural 
Resources to designate State trails by written agreements with private landowners and 
other units of government without requiring the Department to possess an interest in the 
property. 

Referred to Travel and Tourism and Cultural Resources Committee. 

By Senators Sherron, Allran, Basnight, Carpenter, Cochrane, Johnson, Kaplan, 
Odom, Plexico, Plyler, Sands, Shaw, Staton, Tally, and Ward: 

S.B. 135, a bill to require the Department of Environment, Health, and Natural Re- 
sources to pilot the collection of entrance fees at certain State parks. 

Referred to Finance Committee. 

By Senators Sherron, Allran, Basnight, Bryan, Carpenter, Cochrane, Johnson, Ka- 
plan, Odom, Perdue, Plexico, Plyler, Sands, Shaw, Staton, Tally, Ward, and Warren: 

S.B. 136, a bill to extend the limited liability protection under the Trails System to 
landowners, units of government, trail developers, and trail maintainers. 

Referred to Judiciary I Committee. 

By Senators Sherron, Allran, Basnight, Carpenter, Cochrane, Johnson, Kaplan, 
Odom, Plexico, Plyler, Sands, Shaw, Staton, Tally, Ward, and Warren: 

S.B. 137, a bill to appropriate funds to expand the planning staff of the Division of 
Parks to develop park master plans and general management plans and manage State 
rivers and trails. 

Referred to Appropriations Committee. 



February 20, 1991 



1991] SENATE JOURNAL 65 

By Senators Marvin, Allran, Forrester, Hunt, Martin of Guilford, Perdue, Plexico, 
Richardson, Sands, Seymour, Tally, Walker, and Ward: 

S.B. 138, a bill to appropriate funds for early intervention, developmental services, 
and education for handicapped children from birth through four years of age. 

Referred to Appropriations Committee. 

By Senators Marvin, Forrester, and Carter: 

S.B. 139, a bill to allow Bessemer City to redistrict its residency wards to the extent 
permissible by federal constitutional and statutory provisions, so as to allow maximiza- 
tion of minority voting strength. 

Referred to Election Laws Committee. 

By Senators Marvin, Allran, Richardson, and Walker: 

S.B. 140, a bill to appropriate funds to provide Medicaid coverage to elderly, blind, 
and disabled individuals receiving assistance under the Supplemental Security Income 
Program. 

Referred to Appropriations Committee. 

By Senators Marvin, Basnight, Carpenter, Carter, Cochrane, Conder, Daughtry, 
Forrester, Lee, Plexico, Plyler, Richardson, Seymour, Sherron, Smith, Tally, Walker, 
Ward, and Warren: 

S.B. 141, a bill to provide for family preservation services, to establish the Commis- 
sion on Family-Centered Services, and to appropriate funds for the Commission on Fa- 
mily-Centered Services. 

Referred to Human Resources Committee and, upon a favorable report, re-ref- 
erred to the Appropriations Committee. 

By Senators Tally, Speed, Plexico, and Sherron: 

S.B. 142, a bill to apply the requirement that plastic bags distributed at retail outlets 
have written notification of recyclability on the bag only to bags purchased by the retailer 
after January 1, 1991. 

Referred to Environment and Natural Resources Committee. 

By Senators Tally, Speed, Sherron, Ward, and Bryan: 

S.J.R. 143, a joint resolution authorizing the Legislative Research Commission to 
continue to study solid waste and medical waste management in North Carolina. 
Referred to Appropriations Committee. 

By Senators Tally, Speed, Plexico, and Sherron: 

S.B. 144, a bill to extend the deadline to April 1, 1991, for the Department of Eco- 
nomic and Community Development to make its first report assessing the recycling in- 
dustry and markets for recyclable materials in the State. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Tally, Speed, Plexico, and Sherron: 

S.B. 145, a bill to require a county to transfer the scrap tire fees received by the county 
to any unit of local government that operates the scrap tire disposal site, when a county 
designates a unit of local government other than that county to provide a site for the 
disposal of scrap tires. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Basnight, Daniel, Goldston, Murphy, Plyler, Richardson, Sherron, 
Simpson, and Smith: 

S.B. 146, a bill establishing a method for setting the fees paid to contract agents of the 
Division of Motor Vehicles. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Appropriations Committee. 



February 20, 1991 



66 SENATE JOURNAL [Session 

By Senator Speed: 

S.B. 147, a bill to allow land used to produce trees, shrubs, and plants grown in con- 
tainers to qualify for present use value classification. 
Referred to Finance Committee. 

By Senators Speed, Warren, Murphy, and Sands: 

S.B. 148, a bill to clarify that the production of crops, fruits, vegetables, ornamental 
and flowering plants, etc., is a bona fide farm purpose in the zoning statutes. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Speed, Ballance, and Sands: 

S.B. 149, a bill to include horticulture within the Agricultural Development Act. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Speed, Ballance, Sands, and Murphy: 

S.B. 150, a bill to allow for the production and sale of fallow deer. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Sherron, Allran, Basnight, Carpenter, Johnson, Kaplan, Odom, Plexi- 
co, Plyler, Shaw, Staton, Tally, Ward, and Warren: 

S.B. 151, a bill to strengthen the Natural and Scenic Rivers System and to require 
zoning and other land-use controls to protect designated rivers. 

Referred to Environment and Natural Resources Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. R. 93 (Proposed Committee Substitute) , a Senate simple resolution to establish the 
procedure for nominating and electing members of the Board of Governors of the Univer- 
sity of North Carolina. 

On motion of Senator Perdue, the Committee Substitute simple resolution is adopted 
(47-0). (The text of this resolution appears in the Appendix.) 

S.B. 44, a bill to exempt Robeson County from certain statutory requirements in the 
construction of a County detention facility. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (47-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S.B. 47, a bill to permit certain Radio Emergency Associated Citizens Teams 
(REACT) vehicles to activate amber lights while operating on the highways. 

The bill passes its second reading (48-0). 

Senator Kaplan objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, February 21, for further consider- 
ation, upon third reading. 

On motion of Senator Barnes, seconded by Senator Marvin, the Senate adjourns at 
3:30 P.M. to meet tomorrow, February 21, at 3:00 P.M. 



February 20, 1991 



1991] SENATE JOURNAL 67 

FOURTEENTH DAY 

Senate Chamber, 

Thursday, February 21, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, as someone said long ago, 'The proper function of government is to 
make it easy for the people to do good and difficult for them to do evil.' 

"Father, may this truth guide the deliberations and the efforts of this Body. May all 
that is done here liberate within us, and all North Carolinians, those things that are 
good, compassionate and strong. At the same time help us to identify and fight against 
those things that are divisive or oppressive. 

"For the strength of these words from our past that guide us today and in our future, we 
give thanks. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 20, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Hunt, Senator Parnell, 
Senator Ballance, and Senator Raynor. 

The President extends courtesies of the floor to the Honorable James G. Exum, Jr. , 
Chief Justice of the Supreme Court of North Carolina; to Mrs. Patsy Ezzell, wife of 
James E. Ezzell, Jr. , the late Senator from Nash County; to Mrs. Beverly Cooper, moth- 
er of Senator-nominee Roy A. Cooper III; to Mrs. Lois Cooper, grandmother of Sena- 
tor-nominee Roy A. Cooper III; and to Zettie Rowe, cousin of James E. Ezzell, Jr. , the 
late Senator from Nash County. 

The Sergeant-at-Arms is recognized and announces the arrival of Roy A. Cooper III, 
Senator-nominee, at the door of the Senate. The President directs the Sergeant-at- 
Arms to open the doors of the Senate and escort Senator-nominee Roy A. Cooper III, 
into the Chamber. 

The President directs the Reading Clerk to read the following Proclamation issued by 
Governor James G. Martin appointing Roy A. Cooper III to fill the unexpired term of the 
Honorable James E. Ezzell, Jr. 



STATE OF NORTH CAROLINA 

James G. Martin 
Governor 

THE APPOINTMENT OF ROY A. COOPER III 

1991 

BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA 

A PROCLAMATION 

WHEREAS, the Honorable James E. Ezzell, Jr. , elected Member of the Senate from 
the 10th District, 1991 General Assembly, has died during his term of office; and 

WHEREAS, the provisions of General Statutes 163-11 require that the vacancy 
created by the death of the late Honorable James E. Ezzell, Jr. be filled by appointment 



February 21, 1991 



68 SENATE JOURNAL [Session 

of the person recommended by the 10th Senate District Executive Committee of the 
Democratic Party; and 

WHEREAS, the 10th Senate District Executive Committee of the Democratic Party 
has notified me of its recommendation of Roy A. Cooper, III of Rocky Mount, North 
Carolina, to fill said vacancy, 

I do by these presents appoint 

Roy A. Cooper, III 

as a member of the 

NORTH CAROLINA SENATE 

1991 General Assembly 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great 
Seal of the State at the Capitol in the City of Raleigh, this 20th day of February in the year 
of our Lord, one thousand nine hundred ninety-one. 

S/James G. Martin 
Governor of North Carolina 

S/Rufus L. Edmisten (SEAL) 

Secretary of State 

The President appoints Senator Barnes, Senator Kaplan, and Senator Shaw to escort 
Roy A. Cooper III, Senator-nominee, to the Well of the Senate. Senator Barnes ad- 
dresses the Chair and presents Roy A. Cooper III, Senator-nominee. 

The Chair directs the Sergeant-at-Arms to escort the Honorable James G. Exum, Jr. 
to the Well of the Senate to administer the oath of office to Senator-nominee Cooper. 

The Chair directs the Sergeant-at-Arms to escort Mrs. Patsy Ezzell, wife of the late 
Senator James E. Ezzell, Jr. , to the Well of the Senate where she joins Senator-nominee 
Cooper, holding the Bible upon which he receives the prescribed oath of office. 

Senator-nominee Roy A. Cooper III takes and subscribes to the following oath of of- 
fice, which is administered by the Honorable James G. Exum, Jr. , Chief Justice of the 
Supreme Court of North Carolina: 

"I, Roy Asberry Cooper III, solemnly swear that I will support the Constitution and 
laws of the United States; so help me, God. 

"I solemnly and sincerely swear that I will be faithful and bear true allegiance to the 
State of North Carolina, and to the constitutional powers and authorities which are or 
may be established for the government thereof; and that I will endeavor to support, 
maintain, and defend the Constitution and laws of said State, not inconsistent with the 
Constitution of the United States, to the best of my knowledge and ability. 

"I solemnly and sincerely swear that I will faithfully discharge my duties as a member 
of the Senate of the 1991 General Assembly of the State of North Carolina to the best of 
my skill and ability; so help me, God." 

The President extends congratulations and recognizes Senator Cooper to address the 
Membership. (See Appendix). 

The President Pro Tempore assigns Seat No. 46 to Senator Cooper which he assumes 
with the full privileges and responsibilities of Senator of the State of North Carolina. The 
Senate stands at ease to welcome Senator Cooper. 

The Senate resumes consideration of business. 



February 21, 1991 



1991] SENATE JOURNAL 69 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Kaplan, Vice Chairman, for the Rules and Operation of the Senate 
Committee: 

S.J.R. 92, a joint resolution honoring the life and memory of Thomas Meredith, on 
the occasion of the centennial of the granting of the charter to Baptist Female University 
(Meredith College) by the North Carolina General Assembly, with a favorable report. 

On motion of Senator Cochrane, the joint resolution is placed on the Calendar for 
Tuesday, February 26. 

S. B. 50, a bill to appoint a person to fill a vacancy on the State Board of Transporta- 
tion upon the recommendation of the President of the Senate, with a favorable report. 

S.B. 75, a bill giving the Economic Future Study Commission more time to submit its 
final report, with a favorable report. 

S.B. 144, a bill to extend the deadline to April 1, 1991, for the Department of Eco- 
nomic and Community Development to make its first report assessing the recycling in- 
dustry and markets for recyclable materials in the State, with a favorable report. 

S.J.R. 95, a joint resolution providing that the Speaker of the House of Representa- 
tives and the President Pro Tempore of the Senate may, during the 1991 Regular Session, 
provide for joint sessions of both Houses to act on confirmation of nominees or appoint- 
ments, with a favorable report. 

S.J.R. 121, a joint resolution honoring the life and memory of Judge William Shakes- 
peare "Sandy" Harris Jr., former member of the General Assembly, with a favorable 
report. 

S.R. 83, a Senate simple resolution adopting the Permanent Rules of the Senate for 
the regular sessions of the 1991 General Assembly of North Carolina, with an unfavor- 
able report as to Senate simple resolution, but favorable as to Committee Substitute Sen- 
ate simple resolution. 

On motion of Senator Kaplan, the Committee Substitute Senate simple resolution is 
placed on the Calendar for Monday, February 25, for adoption. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Speed, Ballance, Basnight, Carpenter, Carter, Cochrane, Forrester, 
Hunt, Murphy, Parnell, Perdue, Richardson, Sands, Smith, Tally, and Warren: 

S.B. 152, a bill to index the amount of the property tax homestead exemption and the 
amount of the income limit for eligibility for the exemption. 

Referred to Finance Committee. 

By Senator Staton: 

S.J.R. 153, a joint resolution to commemorate the Sixtieth Anniversary of the North 
Carolina Banking Commission. 

Referred to Banks and Thrift Institutions Committee. 



February 21, 1991 



70 SENATE JOURNAL [Session 

By Senator Block: 

S.B. 154, a bill to provide that the current operations appropriations bill include the 
funds needed for each fiscal year covered by that bill to fund the Water Resources Devel- 
opment Program. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Johnson: 

S.B. 155, a bill to improve the administrative rule-making process. 
Referred to Judiciary I Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Smith and Bryan: 

S.B. 156, a bill to provide for a gubernatorial veto requiring a two-thirds vote to over- 
ride and including a line-item veto for appropriations measures. 
Referred to Constitution Committee. 

By Senator Johnson: 

S.B. 157, a bill to make changes to the laws governing administrative hearings and to 
repeal the sunset on the revised Administrative Procedure Act. 
Referred to Judiciary I Committee. 

By Senators Seymour, Bryan, Daniel, Hunt, Martin of Pitt, Richardson, Smith, and 
Walker: 

S.B. 158, a bill to require that the Department of Human Resources study the current 
reimbursement system for domiciliary homes and recommend changes. 

Referred to Human Resources Committee. 

By Senators Seymour, Daniel, Hunt, Martin of Pitt, Richardson, Smith, and Walker: 
S.B. 159, a bill to protect Domiciliary Home Penalty Review Committee procedure 
from abuse of process. 

Referred to Human Resources Committee. 

By Senators Staton, Tally, and Lee: 

S.B. 160, a bill to remove barriers to direct insurance reimbursement to certified clini- 
cal specialists in psychiatric and mental health nursing for professional services within 
their scope of practice. 

Referred to Human Resources Committee. 

By Senators Martin of Pitt, Seymour, Bryan, Hunt, and Smith: 
S.B. 161, a bill to require that the Department of Human Resources complete staff 
review of local negative actions within sixty days. 
Referred to Human Resources Committee. 

By Senators Walker, Plyler, Tally, and Lee: 

S.B. 162, a bill to appropriate funds to the Department of Environment, Health, and 
Natural Resources for allocation to counties to assist with environmental specialist salary 
expenses. 

Referred to Appropriations Committee. 

By Senators Walker, Allran, Lee, Marvin, and Richardson: 

S.B. 163, a bill to require the Department of Human Resources to further develop the 
Social Services Plan and to appropriate funds to pilot the core of Social Services. 
Referred to Appropriations Committee. 

By Senators Walker and Daniel: 

S.B. 164, a bill to require that domiciliary home cost reports be certified. 

Referred to Human Resources Committee. 



February 21, 1991 



1991] SENATE JOURNAL 71 

By Senators Perdue and Walker: 

S.B. 165, a bill to provide for the Department of Human Resources, Division of 
Aging, to administer a Home and Community Care Block Grant for older adults. 

Referred to Human Resources Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 166, a bill to require the Department of Human Resources, Division of Aging, to 
charge fees for in-home and community-based services. 
Referred to Finance Committee. 

By Senators Carpenter and Plexico: 

S.B. 167, a bill to authorize Clay, Graham, and Swain Counties to collect certain fees 
in the same manner as ad valorem taxes. 
Referred to Finance Committee. 

By Senator Conder: 

S.B. 168, a bill implementing the recommendations of the Legislative Study Commis- 
sion on the Basic Education Program regarding the relationship between the Basic Edu- 
cation Program and the School Improvement and Accountability Act of 1991. 

Referred to Education Committee. 

By Senator Conder: 

S.B. 169 , a bill implementing the recommendations of the Legislative Study Commis- 
sion on the Basic Education Program regarding the use of State general obligation bonds 
to finance school construction. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Conder: 

S.B. 170, a bill implementing the recommendations of the Legislative Study Commis- 
sion on the Basic Education Program regarding Social Services equalization funds. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Conder: 

S.B. 171, a bill implementing the recommendations of the Legislative Study Commis- 
sion on the Basic Education Program regarding supplemental funding for small school 
systems. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Conder: 

S.B. 172, a bill implementing the recommendations of the Legislative Study Commis- 
sion on the Basic Education Program regarding the Drivers Education Program. 
Referred to Education Committee. 

By Senator Goldston: 

S.B. 173, a bill to change the membership of the Joint Legislative Commission on 
Future Strategies for North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Staton, Royall, Plyler, and Carpenter: 

S.B. 174, a bill to authorize credit card banks, to amend the rate of interest and fees 
applicable to credit card accounts, open-end credit, and revolving charge accounts. 
Referred to Banks and Thrift Institutions Committee. 



February 21, 1991 



72 SENATE JOURNAL [Session 

By Senators Richardson, Ballance, Daughtry, and Tally: 

S.B. 175, a bill to appropriate funds to the Housing Finance Agency to aid in the 
prevention of homelessness. 

Referred to Appropriations Committee. 

By Senator Hunt: 

S.B. 176, a bill to establish a Comprehensive Goals Program for inclusion of busi- 
nesses owned by minorities, women, and the disabled in public contracts. 
Referred to State Personnel and State Government Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 44, a bill to exempt Robeson County from certain statutory requirements in the 
construction of a County detention facility. 

Without objection, on motion of Senator Lee, the Chair orders the bill ordered en- 
grossed and sent to the House of Representatives yesterday, February 20, sent by special 
messenger. 

S.B. 46, a bill concerning disposition of property for local development in Catawba 
County. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 63, a bill to allow Burke County to name private roads. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 47, a bill to permit certain Radio Emergency Associated Citizens Teams 
(REACT) vehicles to activate amber lights while operating on the highways, upon third 
reading. 

The bill passes its third reading (41-0) and is ordered sent to the House of Representa- 
tives. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Staton, for the Banks and Thrift Institutions Committee: 

S.J.R. 118, a joint resolution providing for confirmation of the appointment of Wil- 
liam T. Graham as Commissioner of Banks, with a favorable report. 

On motion of Senator Staton, the joint resolution is placed on the Calendar for Tues- 
day, February 26. 

Senator Barnes reads a letter, to be sent from the Office of the President Pro Tempore 
to the families of Specialist Bobby L. McKnight of Gaston County and Private First Class 
Kenneth J. Jackson of Cabarrus County, members of the Concord National Guard, who 
were killed in a non-combatant accident in the Persian Gulf War Zone, and invites en- 
dorsements . The Chair invites a moment of silent prayer in memory of these fallen North 
Carolinians. 



February 21, 1991 



1991] SENATE JOURNAL 73 

On motion of Senator Barnes, seconded by Senator Murphy, the Senate adjourns at 
3:37 P.M., in memory of Specialist Bobby L. McKnight and Private First Class Kenneth 
J. Jackson, to meet Monday, February 25, at 8:00 P.M. 



FIFTEENTH DAY 

Senate Chamber, 

Monday, February 25, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend John W. Lucas, Charlotte, as follows: 

"Almighty God, Creator of the universe, Giver and Sustainer of life in all You have 
created, look upon us tonight with mercy and favor that the words of our mouths and the 
meditations of our hearts may be acceptable in Your sight. 

"In humble gratitude for Your providence in the affairs of mankind, we come to offer 
our praise and ask that You bless our legislators in the fulfillment of the responsibilities 
placed upon them by virtue of the positions of trust given to them by the people of North 
Carolina. 

"Give these who lead us the wisdom to make right and just decisions in the weighty 
matters with which they must struggle from session to session. 

"Give them strength, courage, grace, and the strong, sustaining confidence of heart 
and mind which comes from integrity of soul and spirit. 

"Grant, we pray, in this time of tragic world conflict, divine guidance to our President 
and to all in places of leadership and decision making, that peace might soon come to 
replace the devastation of war, death and destruction. Watch over our men and women 
on the battlefield in their sacrificial conflict for justice and freedom. Give comfort and 
help to those in sorrow, pain, and suffering. May the time soon come when we shall 
know in reality the coming of Your kingdom and the fulfillment of Your will on earth as it 
is in heaven. 

"Could we now observe a moment of silent prayer for our troops who went into battle 
over the weekend. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, Febru- 
ary 21, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Staton, who is attending 
the First Annual Statewide Economic Development Summit; to Senator Hartsell, who is 
attending a school board meeting; and to Senator Perdue. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 44, an act to exempt Robeson County from certain statutory requirements in the 
construction of a County detention facility. (Ch. 2) 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 



February 25, 1991 



74 SENATE JOURNAL [Session 

By Senators Speed, Royall, Parnell, and Carpenter: 

S. B. 177, a bill to better preserve public cemeteries located outside the towns or cities 
or in the rural districts: (1) by requiring the Boards of County Commissioners to investi- 
gate public cemeteries reported as endangered and to oversee the protection of endan- 
gered public cemeteries and (2) by establishing a special proceeding to allow a person to 
obtain an order allowing entry onto the property of a landowner without the landowner's 
consent in order to restore, maintain, or visit an abandoned public cemetery. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 178, a bill to exempt the Town of Madison from Article 8 of Chapter 143 of the 
North Carolina General Statutes for the purpose of extending water and sewer lines. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Winner: 

S. B. 179, a bill to require high school age children to pass in high school to be eligible 
for drivers licenses. 

Referred to Education Committee. 

By Senators Martin of Pitt and Martin of Guilford: 

S . B . 180 , a bill to appropriate funds to the Center for Community Self-Help to further 
a statewide economic development program. 
Referred to Appropriations Committee. 

By Senators Allran, Basnight, Bryan, Carpenter, Carter, Cochrane, Daughtry, For- 
rester, Hartsell, Marvin, Odom, Pollard, Smith, Soles, and Walker: 

S.B. 181, a bill recommended by the Juvenile Law Study Commission to amend the 
definition of an undisciplined juvenile. 

Referred to Judiciary II Committee. 

By Senators Allran, Basnight, Bryan, Carpenter, Carter, Cochrane, Daughtry, For- 
rester, Hartsell, Marvin, Odom, Pollard, Smith, Soles, and Walker: 

S.B. 182, a bill recommended by the Juvenile Study Commission to eliminate appeals 
to Superior Court under the Parental Control Act and to facilitate pro se representation by 
parents. 

Referred to Judiciary II Committee. 

By Senators Tally, Ballance, Daughtry, Richardson, Ward, and Plexico: 
S.B. 183, a bill to require State agencies study how best to coordinate State agencies' 
programs and services for the homeless. 

Referred to State Personnel and State Government Committee. 

By Senators Tally and Raynor: 

S.B. 184, a bill to appropriate funds to the Department of Community Colleges for 
equipment for the Center for Applied Technology at Fayetteville Technical Community 
College. 

Referred to Appropriations Committee. 

By Senators Block and Carpenter: 

S.B. 185, a bill to extend the sunset on the partial tax exemption for foreign sales 
corporations and to modify Department of Revenue reporting dates in order to provide 
sufficient information for the General Assembly to decide whether to retain the tax ex- 
emption. 

Referred to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

February 25, 1991 



1991] SENATE JOURNAL 75 

S.R. 83 (Proposed Committee Substitute), a Senate simple resolution adopting the 
Permanent Rules of the Senate for the regular sessions of the 1991 General Assembly of 
North Carolina, for adoption. 

Without objection, on motion of Senator Winner, the Committee Substitute Senate 
simple resolution is temporarily displaced. 

S. B. 50, a bill to appoint a person to fill a vacancy on the State Board of Transporta- 
tion upon the recommendation of the President of the Senate. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S. B. 75, a bill giving the Economic Future Study Commission more time to submit its 
final report. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S.J.R. 95, a joint resolution providing that the Speaker of the House of Representa- 
tives and the President Pro Tempore of the Senate may, during the 1991 Regular Session, 
provide for joint sessions of both Houses to act on confirmation of nominees or appoint- 
ments. 

The joint resolution passes its second (43-0) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 121, a joint resolution honoring the life and memory of Judge William Shakes- 
peare "Sandy" Harris Jr., former member of the General Assembly. 

On motion of Senator Daniel, consideration of the joint resolution is postponed until 
Wednesday, February 27. 

S.B. 144, a bill to extend the deadline to April 1 , 1991, for the Department of Eco- 
nomic and Community Development to make its first report assessing the recycling in- 
dustry and markets for recyclable materials in the State. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 



INTRODUCTION (Continued) 

Senator Barnes offers a motion that Rule 40 be suspended to allow the introduction of 
the following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Barnes: 

S.J.R. 187, a joint resolution inviting the Honorable James G. Exum, Jr., Chief Jus- 
tice of the Supreme Court, to address a Joint Session of the Senate and House of Repre- 
sentatives. 

On motion of Senator Barnes, the joint resolution is placed before the Senate for im- 
mediate consideration. 

The joint resolution passes its second (39-0) and third readings and is ordered, with- 
out objection, sent to the House of Representatives by special messenger. 



CALENDAR (Continued) 

S.R. 83 (Proposed Committee Substitute), a Senate simple resolution adopting the 
Permanent Rules of the Senate for the regular sessions of the 1991 General Assembly of 
North Carolina, for adoption, temporarily displaced earlier. 

Senator Winner offers Amendment No. 1 which is adopted (43-0). 

Senator Sands offers Amendment No. 2 which is adopted (44-0). 

Senator Martin of Guilford offers Amendment No. 3, which is adopted (44-0). 



February 25, 1991 



76 SENATE JOURNAL [Session 

Without objection, on motion of Senator Sands, the remarks of Senator Hyde are 
spread upon the Journal as follows: 

"Mr. President, I wish to speak on the matter of adoption of the rules. First, as I 
looked at that Rule 10(b), it talks about a point of order. I don't know whether that 
covers everything or not, it may, it may not. 

"Number two, I was in committee when this bill was discussed and certain amend- 
ments were offered and, as a consequence of the Chairman's calling to our attention that 
the Bar — that group that governs the lawyers of the State — had passed some rule on it. I 
obtained a copy of that ruling. I'm not certain it's the one he referred to, but I think it is. 
It has two points to it: it's got more than two, but I want to call your attention to two. 

"One that says that any attorney who is a member of any governing Body in this State 
and finds himself in a conflict of interest position must absent himself from all meetings 
of the governing Body or entity during any discussion or hearing of the matter. And the 
second part, withdrawal from all voting on the matter, with or without the consent of the 
governing Body or entity. 

"I have studied very carefully the Proposal 29, and I'm going to go ahead and vote to 
adopt these rules when they get through amending and discussing them. But I do want to 
say this, that I'm left in somewhat of a dilemma as to what one should do if they had a 
conflict: that is as a lawyer. If I had one, call it to the attention of the Body and then they 
said, 'No you're not excused. ' The Bar tells me I have to leave this Chamber because 
the rule says that this whole Chamber is the Bar of the Senate. I've got to go out. And 
yet, the Senate may tell me, 'No we're not going to excuse you. ' Well, that's somewhat 
of a dilemma, and I don't want to stand up here and start laying down any — throwing 
down any gloves or gauntlets to this Senate; that's not my point. 

"But I think any self-respecting person, if they felt themselves they had a conflict of 
interest, whether or not this Body agreed, would do what they have to do. And if I had 
such, I'd leave the Chamber unless you got your Sergeant-at-Arms to stop me. And 
they'd have to be ready to do so in the event I was ready to go. Now here again, I don't 
want to make that look like I'm contesting anything, it's just I say it in that manner to 
call your attention to the fact ahead of time that if you adopt these rules, I'm going to 
stand and say there's legislative history that I'll recall somebody standing on the floor 
and saying, 'Well if we get into that — that person can leave. ' I just wanted you to know 
that ahead of time. Thank you kindly." 

Senator Bryan offers Amendment No. 4 which fails of adoption (9-35). 

Senator Winner offers Amendment No. 5 which is adopted (41-0). 

On motion of Senator Barnes, the Committee Substitute Senate simple resolution, as 
amended, is adopted (43-0) and ordered engrossed. (See Appendix for text of Amend- 
ments 1 through 5.) The text of the Committee Substitute simple resolution as adopted is 
as follows: 

Be it resolved by the Senate: 

Section 1. The permanent rules for the Regular Sessions are as follows: 

PERMANENT RULES OF 

THE REGULAR SESSIONS OF THE SENATE 

1991 GENERAL ASSEMBLY OF NORTH CAROLINA 

I. Order of Business, Rules 1-7 

II. Conduct of Debate, Rules 8-17 

III. Motions, Rules 18-24 

IV. Voting, Rules 25-30 

V. Committees, Rules 31-37 

VI. Handling Bills, Rules 38-59.1 

VII. Legislative Officers and Employees, Rules 60-65 

VIII. General Rules, Rules 66-77. 



February 25, 1991 



1991] SENATE JOURNAL 77 

I. Order of Business 

RULE 1. Rules controlling the Senate of North Carolina and its commit- 
tees.— The following rules shall govern and control all actions and procedures of the 
Senate and its committees. 

RULE 2. Convening hour. — The Presiding Officer shall take the Chair at the hour 
fixed by the Senate upon adjournment on the preceding legislative day, and shall call the 
members to order. In case the Senate adjourned on the preceding legislative day without 
having fixed the hour of reconvening, the Senate shall reconvene on the next legislative 
day at 1:30 p.m. 

RULE 3. Opening the session. — The Presiding Officer shall, upon order being 
obtained, have the sessions of the Senate opened with prayer. 

RULE 4. Convening in absence of President.— In the absence of the President, 
the President Pro Tempore shall reconvene the Senate and preside, and during such time 
shall be vested with all powers of the President except that of casting a vote in case of tie 
when he has already voted on the question as a Senator. In the event of the absence of 
the President and President Pro Tempore at any time fixed for the reconvening of the 
Senate, the Deputy President Pro Tempore of the Senate, the Principal Clerk of the Sen- 
ate, or in his or her absence also, the Chairman of the Senate Committee on Rules and 
Operation of the Senate, shall call the Senate to order and designate some member to act 
as Presiding Officer. 

RULE 5. Quorum. — (a) A quorum consists of a majority of all the qualified mem- 
bers of the Senate. 

(b) When a lesser number than a quorum convene, the Senators present may send the 
doorkeeper or any person, for any or all absent Senators, as a majority of the Senators 
present determine. 

RULE 6. Approval of Journal.— After the prayer, and upon appearance of a quo- 
rum, the Presiding Officer shall cause the Journal of the preceding day to be read and 
approved, unless the President Pro Tempore or, in his absence, the Deputy President Pro 
Tempore of the Senate or some member of the Senate by motion sustained by a majority 
of the members present, has the reading thereof dispensed with and the same approved 
as written. 

RULE 7. Order of business.— After approval of the Journal, the order of business 
shall be as follows: 

(1) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Unfinished business of preceding day. 

(6) Special orders. 

(7) General orders: 

(a) Local bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

(b) Public bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 

(ii) Second reading roll call and electronic voting system votes 

(iii) Second reading viva voce 

(iv) Third reading viva voce 



February 25, 1991 



78 SENATE JOURNAL [Session 

II. Conduct of Debate 

RULE 8. Presiding Officer to maintain order. — The Presiding Officer shall 
have general direction of the Hall of the Senate and shall be authorized to take such 
action as is necessary to maintain order, and in case of any disturbance or disorderly 
conduct in the galleries or lobbies, he shall have the power to order those areas cleared. 

RULE 9. Substitution for Presiding Officer. The Presiding Officer shall have 
the right to call on any member to perform the duties of the Chair, but substitution shall 
not extend beyond one day. 

RULE 10. Points of order. — (a) The Presiding Officer shall preserve order and 
decorum and proceed with the business of the Senate according to the rules adopted. He 
shall decide all questions of order, subject to an appeal to the Senate by any member, on 
which appeal no member shall speak more than once unless by leave of the Senate. A 
two-thirds vote of the membership of the Senate present and voting is necessary to sus- 
tain any appeal from the ruling of the Presiding Officer. 

(b) In the event the Senate Rules do not provide for, or cover any point of order raised 
by any Senator, the rules of the United States House of Representatives shall govern. 

(c) When a Senator is called to order he shall take his seat until the Presiding Officer 
determines whether he was in order or not; if decided to be out of order, he shall not 
proceed without the permission of the Senate; and every question of order shall be de- 
cided by the Presiding Officer, subject to an appeal to the Senate by any Senator; and if a 
Senator is called to order for words spoken, the words excepted to shall be immediately 
taken down in writing, that the Presiding Officer or Senate may be better able to judge the 
matter. 

RULE 11. Debating and voting by Lieutenant Governor.— The Lieutenant 
Governor, as President of the Senate, being a Constitutional Officer shall not have the 
right to debate any question or to address the Senate upon any proposition unless by 
permission of the majority of members present, and shall have the right to vote only when 
there is a tie vote upon any question or election. 

RULE 12. Obtaining recognition. — (a) When any Senator is about to speak in 
debate or deliver any matter to the Senate, he shall rise from his seat and respectfully 
address the Presiding Officer. No member shall speak further until recognized by the 
Presiding Officer. The Presiding Officer shall recognize the first to rise and, when two or 
more members rise at the same time, the Presiding Officer shall name the member to 
speak. 

(b) A Senator who has the floor may yield the floor to another Senator only for the 
purpose of allowing another Senator to state a question. Only the Presiding Officer may 
award the floor to any Senator for the purposes of allowing that Senator to engage in 
general debate. 

(c) A Senator who has obtained the floor may be interrupted only for the following 
reasons: 

1. a request that the member speaking yield for a question, 

2. a point of order, or 

3. a parliamentary inquiry. 

(d) When a Senator refers to a bill, the bill number and short title must be used. 

RULE 13. (Reserved for future use.) 

RULE 14. Limitations on individual debate. — (a) No Senator shall speak on 
the same day more than twice on the main question, nor longer than thirty minutes for the 
first speech and fifteen minutes for the second speech. No Senator shall speak on the 
same day more than once on an amendment or a motion to reconsider, commit, appeal 
or postpone, and then no longer than ten minutes. 



February 25, 1991 



1991] SENATE JOURNAL 79 

(b) By permission of the Presiding Officer any member of the Senate may address the 
Senate from the well of the Senate for the purpose of explaining a bill or of giving an 
invocation. 

RULE 15. Questions of personal privilege.— Upon recognition by the Presiding 
Officer for that purpose, any Senator may speak to a question of personal privilege for a 
time not exceeding three minutes. Personal privilege may not be used to explain a vote, 
debate a bill, or in any way disrupt the regular business of the Senate. Personal privilege 
shall not be used to solicit support or sponsors for any bill. The Presiding Officer shall 
determine if the question raised is one of privilege and shall, without the point of order 
being raised, enforce this rule. 

RULE 16. (Reserved for future use). 

RULE 17. General decorum. — (a) Male Senators and male visitors shall uncover 
their heads upon entering the Senate Chamber while the Senate is in session and shall 
continue uncovered during their continuance in the Chamber, unless one's religion re- 
quires his head to be covered. 

(b) No derogatory remark reflecting personally upon any Senator shall be in order 
upon the floor of the Senate unless preceded by a motion or resolution of censure. 

(c) When the Presiding Officer is putting a question, or a division by counting is in 
progress, no Senator shall walk out of or across the Chamber, nor when a Senator is 
speaking, pass between him and the Presiding Officer. 

(d) When a motion to adjourn or for recess is affirmatively determined, no member or 
officer shall leave his place until adjournment or recess is declared by the Presiding Offi- 
cer. 

(e) Smoking shall not be allowed in the galleries of the Senate during sessions. 

(f) No remark soliciting the donation of funds for the support of any person or organi- 
zation shall be in order upon the floor of the Senate, unless the remark has some rele- 
vance to a bill or resolution before the body. No article of any kind soliciting business or 
donations may be placed by any person anywhere in the Senate Chamber or in any Senate 
office. 

(g) Food or beverage shall not be permitted in the Senate Chamber, either on the floor 
or in the galleries; however, after the Senate has remained in session for a period of two 
hours, food and beverage shall be allowed upon the floor of the Senate. 

(h) Reading of newspapers, magazines, periodicals or books shall not be acceptable 
while the Senate is in session. 

III. Motions 

RULE 18. Motions generally.— Any motion shall be reduced to writing, if re- 
quested by the Presiding Officer or a Senator, and read by the Presiding Officer or Read- 
ing Clerk before the same are debated; but any motion may be withdrawn by the intro- 
ducer at any time before decision or amendment. No motion relating to a bill shall be in 
order which does not identify the bill by its number and short title. Except as otherwise 
specifically provided in these rules, no second is required. 

RULE 19. Motion; order of precedence.— When a question is before the Senate 
no motion shall be received except those herein specified, which motions shall have pre- 
cedence as follows: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 

(7) To commit to a select committee. 

(8) To amend. 



February 25, 1991 



80 SENATE JOURNAL [Session 

RULE 20. Motions requiring a second. — The motions to adjourn, to lay on the 
table, and to call for the previous question, shall be seconded and decided without de- 
bate, and the motion to adjourn shall always be in order when made by a Senator entitled 
to the floor. 

RULE 21 . Motions to postpone to certain day and to commit. — The respec- 
tive motions to postpone to a certain day, or to commit to a standing or select committee, 
shall preclude debate on the main question. 

RULE 22. Motion to Substitute. — Subject to Rule 19, a member may offer amo- 
tion to substitute to any motion, except the motions for the previous question, to table, or 
to adjourn. No motion to substitute shall be offered to a motion to substitute. 

RULE 23. Motion for previous question. — The previous question shall be as 
follows: "Shall the main question be now put?" and until it is decided shall preclude all 
amendments and debate. If this question is decided in the affirmative, the "main ques- 
tion" shall be on the passage of the bill, resolution, or other matter under consideration; 
but when amendments are pending, the question shall be taken upon such amendments 
in their inverse order, without further debate or amendment: Provided, that no one shall 
move the previous question except the chairman of the committee submitting the report 
on the bill or other matter under consideration, or the member introducing the bill or 
other matter under consideration, or the member in charge of the measure, who shall be 
designated by the chairman of the committee reporting the same to the Senate at the time 
the bill or other matter under consideration is reported to the Senate or taken up for con- 
sideration. 

RULE 24. Motion to reconsider. — (a) When a question has been once put and 
decided, any Senator who voted in the majority may move to reconsideration thereof; but 
no motion for the reconsideration of any vote shall be in order after the bill, resolution, 
message, report, amendment, or motion upon which the vote was taken has gone out of 
the possession of the Senate; nor shall any motion for reconsideration be in order unless 
made on the same day or in the next following legislative day on which the vote proposed 
to be reconsidered took place : Provided, that when the next legislative day has by motion 
of the Senate been restricted as to matters which may be considered, a motion to recon- 
sider shall be in order on the next succeeding day upon which regular business is con- 
ducted. No question shall be reconsidered more than once. 

(b) Notwithstanding subsection (a) of this Rule, a motion to reconsider is in order at 
any time if made by the Chairman or , in his absence , the Vice-Chairman of the Commit- 
tee on Rules and Operation of the Senate for the sole purpose of correcting grammatical 
errors in bills in the possession of the Senate. 

IV. Voting 

RULE 25. Use of electronic voting system. — (a) Votes on the following ques- 
tions shall be taken on the electronic voting system, and the ayes and noes shall be re- 
corded on the Journal: 

(1) All questions on which the Constitution of North Carolina requires that the 
ayes and noes be taken and recorded on the Journal. 

(2) All questions on which a call for the ayes and noes under Rule 26 (b) has been 
sustained. 

(3) Both second and third readings of bills proposing amendment of the Consti- 
tution of North Carolina. 

(b) Votes on the following questions shall be taken on the electronic voting system and 
the resulting totals shall be recorded on the Journal: 

(1) Second reading of all public bills, all amendments to public bills offered after 
second reading, third reading if a public bill was amended after second read- 
ing, and all conference reports on public bills. 

(2) Any other question upon direction of the Presiding Officer or upon motion of 
any Senator supported by one-fifth of the Senators present. 



February 25, 1991 



1991] SENATE JOURNAL 81 

(c) When the electronic voting system is used, the Presiding Officer shall fix and 
announce the time, not to exceed one minute, which shall be allowed for voting on the 
question before the Senate. The system shall be set to lock automatically and to record 
the vote when that time has expired. Once the system has locked and recorded a vote, 
the vote shall be printed by the system. 

(d) The voting station at each Senator ' s desk in the Chamber shall be used only by the 
Senator to which the station is assigned. Under no circumstances shall any other person 
vote at a Senator's station. It is a breach of the ethical obligation of a Senator either to 
request that another vote at the requesting Senator's station, or to vote at another Sena- 
tor's station. The Presiding Officer shall enforce this rule without exception. 

(e) When the electronic voting system is used, the Presiding Officer shall state the 
question and shall then state substantially the following: "All in favor vote 'aye'; all 

opposed vote 'no' ; seconds will be allowed for voting on this question; the Clerk 

will record the vote. " After the machine locks and records the vote, the Presiding Officer 
shall announce the vote and declare the result. 

(f) One copy of the machine print-out of the vote record shall be filed in the office of 
the Principal Clerk, and one copy shall be filed in the Legislative Library where it shall be 
open to public inspection. 

(g) When the Presiding Officer ascertains that the electronic voting system is inopera- 
tive before a vote is taken or while a vote is being taken on the electronic system, he shall 
announce that fact to the Senate and any partial electronic system voting record shall be 
voided. In such a case, if the Constitution of North Carolina or the Rules of the Senate 
require a call of the ayes and noes , the Clerk shall call the roll of the Senate , and the ayes 
and noes shall be taken manually and shall be recorded on the Journal. All other votes 
shall be taken by voice vote as prescribed in Senate Rule 26(a) . If, after a vote is taken 
on the electronic system, it is discovered that a malfunction caused an error in the elec- 
tronic system print-out, the Presiding Officer shall direct the Reading Clerk and the Prin- 
cipal Clerk to verify and correct the print-out record and so advise the Senate. 

(h) For the purpose of identifying motions on which the vote is taken on the electronic 
system (the identification codes having no relation to the order of precedence of mo- 
tions), the motions are coded as follows: 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 

10. Miscellaneous. 

RULE 26. Voice votes; call for ayes and noes. — (a) When the electronic voting 
system is not used, all votes on which a call of the roll of the Senate is not required shall 
be taken by voice vote . The question shall be put as follows : " Those in favor say ' aye ' , " 
and, after the affirmative vote is expressed, "Opposed 'no'"; after which the Presiding 
Officer shall announce the result. If a division on any vote is desired, it must be called for 
immediately before the result of the voting is announced on any question, and upon such 
call, the Presiding Officer shall require the members to stand and be counted for and 
against the proposition under consideration. 

(b) The ayes and the noes may be called for on any question before the vote is taken. 
If a Senator desires the ayes and noes recorded on the Journal on a question, he shall 
address the Presiding Officer and obtain recognition and say, "Upon that question I call 
for the ayes and noes." Whereupon the Presiding Officer shall say, "Is the call sus- 
tained?" If one-fifth of the Senators present then stand, the vote shall be taken on the 



February 25, 1991 



82 SENATE JOURNAL [Session 

electronic voting system if it is operative, and the ayes and noes shall be recorded on the 
Journal. If the electronic voting system is inoperative, the roll of the Senate shall be 
called and the ayes and noes taken manually and recorded on the Journal. If fewer than 
one-fifth of the Senators present stand to sustain the call, the Presiding Officer shall 
announce, "An insufficient number up" and a vote by electronic voting or by voice, 
whichever is appropriate under the Rules of the Senate, shall be taken. 

RULE 27. Pairs. — (a) If a Senator is paired with another Senator on a question, the 
Senator shall announce the pair as follows: "Mr. President, I desire to announce a pair. 
If Senator were present, he would vote ; I would vote (the oppo- 
site) . " The Senator shall send forward at that time a written statement of the pair on a 
form provided by the Principal Clerk and neither member of the pair shall vote on the 
question. A pair shall be announced before the vote is taken viva voce, or if the electronic 
voting system is used, before the machine is unlocked. The Clerk shall record the pair on 
the Journal when the Constitution or Rules of the Senate require a call of the roll and shall 
record on the electronic system print-out all pairs announced. 

(b) This rules does not apply to committee or subcommittee proceedings. 

RULE 28. Dividing question. — If any question contains several distinct proposi- 
tions, it shall be divided by the Presiding Officer, at the request of any Senator, provided 
each subdivision, if left to itself, forms a substantive proposition. 

RULE 29. Duty to vote; excuses. — (a) Every Senator who is within the bar of the 
Senate when the question is stated by the Presiding Officer shall vote thereon unless he is 
excused by the Senate. The bar of the Senate shall include the entire Senate Chamber. 

(b) A Senator who is a member of a committee shall, upon request, be excused from 
deliberations and voting on the bill while it is before the committee. The Senator must 
make the request to the chair of the committee when the bill is first taken up for consider- 
ation and before any motion or vote on the bill or any amendment to the bill. The Sena- 
tor making the request for excuse in Committee must renew his request for excuse on the 
floor of the Senate as set for in this Rule. 

(c) Any Senator, upon his own motion and after being adopted, shall be excused from 
the deliberations and voting on a particular bill, but to do so must make that motion 
immediately before or after the second reading of the bill and before any motion or vote 
on the bill or any amendment thereto. If the reason for the request arises at some point 
later in the proceedings, the motion may be made at that time. 

(d) The Senator may make a brief statement of the reasons for making that motion. 
The Senator may send forward to the Principal Clerk, on a form provided by the Clerk, a 
concise statement of the reason for the motion, and the Clerk shall include this statement 
in the Journal. 

(e) The Senator so excused shall not debate the bill or any amendment to the bill, vote 
on the bill, offer or vote on any amendment to the bill, or offer or vote on any motion 
concerning the bill at that reading, any subsequent reading, or any subsequent consider- 
ation of the bill. 

(f) A Senator may move that his excuse from deliberations on a particular bill be 
withdrawn. 

(g) A motion to be excused or for the withdrawal of an excuse shall be taken without 
debate. 

RULE 30. Explanation of vote. — Any Senator may explain his vote on any bill 
pending by obtaining permission of the Presiding Officer after the final vote is taken: 
Provided, that not more than three minutes shall be consumed in such explanation. 

V. Committees 

RULE 31. Appointment of committees. — (a) The President Pro Tempore of the 
Senate shall have the exclusive right and authority to appoint the majority party's mem- 



February 25, 1991 



1991] SENATE JOURNAL 83 

bership of all committees, regular and select, and to appoint committee chairmen and 
vice-chairmen and to establish select committees, but this does not exclude the right of 
the Senate by resolution to establish select committees. The minority leader shall have 
the exclusive right and authority to appoint all minority party's members of said commit- 
tees and appoint the ranking minority member. Upon the recommendation of the com- 
mittee on Rules and Operation of the Senate, the Senate may authorize by majority vote 
of the Senators present and voting a change in the number of standing committees. 

(b) The President Pro Tempore and Minority Leader shall designate their party's 
members to all standing committees at the beginning of the session. 

RULE 32. List of standing committees.— The standing committees shall be: 
Agriculture, Marine Resources, and Wildlife 
Alcoholic Beverage Control 
Appropriations 

Appropriations on Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 
Banks and Thrift Institutions 
Base Budget 
Constitution 
Economic Development 
Education 
Election Laws 

Environment and Natural Resources 
Finance 

Higher Education 
Human Resources 
Insurance 
Judiciary I 
Judiciary II 

Local Government and Regional Affairs 
Manufacturing and Labor 
Pensions and Retirement 
Public Utilities 
Redistricting 

Legislative Redistricting 

Congressional Redistricting 
Rules and Operation of the Senate 
State Personnel and State Government 
Transportation 

Travel, Tourism, and Cultural Resources 

Veteran and Military Affairs, Law Enforcement, and Senior Citizens 
Ways and Means 

RULE 33. Notice of committee meetings. — (a) Public notice of all committee 
meetings shall be given in the Senate. The required notice may be waived as to any 
meeting by the attendance at that meeting of all of the members of the committee, or by 
personal waiver. 

(b) The chairman of the committee shall notify or cause to be notified the sponsor of 
each bill which is set for hearing or consideration before the committee as to the date, 
time and place of that meeting. 

RULE 34. Membership of Committees; Quorum. — Membership on standing 
committees shall consist of not more than 20 nor less than 5 Senators, including the 



February 25, 1991 



84 SENATE JOURNAL [Session 

chairman and vice-chairmen and ranking minority member; provided that the Appropri- 
ations Committee, Base Budget Committee, Finance Committee, and Redistricting 
Committee shall not be limited as to membership . The President Pro Tempore shall have 
the exclusive right and authority to determine the number of members of each commit- 
tee. Except as agreed upon by the President Pro Tempore and the Minority Leader, 
membership of each standing committee shall, with respect to each political party, be in 
the same proportion to the nearest whole person as the proportion of membership by 
political party to that of the entire Senate. No Senator shall hold membership on more 
than 12 standing committees unless the committee on Rules and Operation of the Senate 
provides otherwise. 

A quorum of the Appropriations, Base Budget, Ways and Means, and Finance Com- 
mittees shall consist of a majority of the Committee. A quorum of any other committee 
shall consist of either the chairman and 5 members or a majority of the committee, 
whichever is fewer. 

RULE 34.1. President Pro Tempore. — The President Pro Tempore may attend 
each committee as if he were a member but shall have no vote. 

RULE 35. Roll call vote in committee. — No roll call vote may be taken in any 
committee. The committee chairman may vote in committee. 

RULE 36. Committee meetings. — No committee or subcommittee shall hold a 
secret meeting, and all meetings of committees and subcommittees shall be open to the 
public: Provided, that any committee or subcommittee has the inherent right to hold an 
executive session when it determines that it is absolutely necessary to have such a session 
in order to prevent personal embarrassment, or when it is in the best interest of the State; 
and in no event shall final action be taken by any committee or subcommittee except in 
open session. 

RULE 36.1. Committee minutes to Legislative Library. — The chairman of a 
committee shall insure that written minutes are compiled for each of the committee's 
meetings. The minutes shall indicate the number of members present and the actions 
taken by the committee at the meeting. Not later than 30 days after the adjournment of 
each session of the General Assembly, the chairman shall deliver the minutes to the 
Legislative Library. The President Pro Tempore of the Senate may grant a reasonable 
extension of time for filing said minutes upon application of the committee chairman. 

RULE 37. (Reserved for interim operations rule). 



VI. Handling Bills 

RULE 38. Application of rules.— All provisions of these rules applying to bills 
shall apply also to resolutions, memorials and petitions. 

RULE 39. Form and copies of bills. — (a) Unless variation is authorized by the 
Committee on Rules and Operation of the Senate, bills submitted for introduction shall 
be in a computer-typed form prepared by the Legislative Services Office. When a bill 
which is introduced is not in the prescribed form, the Principal Clerk shall cause the bill 
to be retyped in the prescribed form, and the retyped copy shall become the official copy 
of the bill for all purposes. The original bill shall then be returned to the introducer of the 
bill and shall not become a part of the records or documents of the Senate. 

(b) Whenever a bill is introduced, 25 copies shall be submitted to the Principal Clerk. 
Any bill submitted without the required number of copies shall be immediately returned to 
the introducer. 

RULE 39.1. Public and local bills; availability of copies of bills.— A public 
bill is a bill affecting 15 or more counties. A local bill is one affecting fewer than 15 



February 25, 1991 



1991] SENATE JOURNAL 85 

counties. No public bill and, upon objection by a member, no local bill may be consid- 
ered unless copies of the bill have been made available to the entire membership of the 
Senate. 

RULE 40. Introduction of bills. — (a) Every bill filed for introduction shall con- 
tain on the outside cover the title of the document and the name of the Senator or Sena- 
tors presenting it. Bills shall be delivered by the primary sponsor of the document or with 
the prescribed authorization form signed by the primary sponsor to the office of the Sen- 
ate Principal Clerk who shall receive them during regular session according to the follow- 
ing schedule: 

Monday until 8:30 o'clock P.M.; 

Tuesday, Wednesday, and Thursday until 
4:00 o'clock P.M.; 

Friday until 3:00 o'clock P.M. 
All bills shall be numbered by the Office of the Principal Clerk when filed and shall be 
considered introduced when presented to the Senate on the next following legislative day 
for the first reading and reference to committee. 

(b) Filing of bills during the interim shall be under the direction of the Rules and 
Operation of the Senate Committee as approved by the Senate. 

(c) All memorializing, celebration, commendation, and commemoration resolu- 
tions, except those which solely honor the memory of deceased persons or a North Caro- 
lina institution, or both, shall be excluded from introduction and consideration in the 
Senate. 

RULE 41. Deadlines on filing for introduction of bills and resolutions. 

(a) All bills or resolutions recommended by commissions or committees authorized or 
directed by act or resolution of the General Assembly to report to the 1991 Regular Ses- 
sion of the General Assembly, or to report prior to convening of that session, must be 
filed for introduction not later than the third Thursday in March (March 21) of the first 
year of the biennial session; provided that any such measure submitted to the Bill Draft- 
ing Division of the Legislative Services Office by 4:00 p.m. on that date and filed for 
introduction in the Senate before 3:00 p.m. on the next Thursday (March 28) shall be 
treated as if it had been filed for introduction pursuant to this subsection. 

(al) All bills prepared to be introduced by departments, agencies, or institutions of 
the State must be filed for introduction not later than the third Thursday in March 
(March 21) of the first year of the biennial session; provided that any such measure 
submitted to the Bill Drafting Division of the Legislative Services Office by 4:00 p.m. on 
that date and filed for introduction in the Senate before 3:00 p.m. on the next Thursday 
(March 28) shall be treated as if it had been filed for introduction pursuant to this subsec- 
tion. 

(a2) All local bills must be filed for introduction not later than the first Thursday in 
April (April 4) of the first year of the biennial session; provided that any such measure 
submitted to the Bill Drafting Division of the Legislative Services Office by 4:00 p.m. on 
that date and filed for introduction in the Senate before 3:00 p.m. on the next Thursday 
(April 11) shall be treated as if it had been filed for introduction pursuant to this subsec- 
tion. 

(a3) All resolutions, except those honoring the memory of deceased persons or ad- 
journing the General Assembly must be filed for introduction not later than the second 
Thursday in May (May 9) of the first year of the biennial session; provided that any such 
measure submitted to the Bill Drafting Division of the Legislative Services Office by 4:00 
p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on the next 
Thursday (May 16) shall be treated as if it had been filed for introduction pursuant to this 
subsection. 

(a4) All public bills not containing appropriations or not requiring to be referred to the 
Committee on Finance by Rule 42 must be filed for introduction not later than the second 
Thursday in April (April 11) of the first year of the biennial session; provided that any 



February 25, 1991 



86 SENATE JOURNAL [Session 

such measure submitted to the Bill Drafting Division of the Legislative Services Office by 
4:00 p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on the 
next Thursday (April 18) shall be treated as if it had been filed for introduction pursuant 
to this subsection. 

(a5) All public bills containing appropriations or requiring to be referred to the Com- 
mittee on Finance by Rule 42 must be filed for introduction not later than the first Thurs- 
day in May (May 2) of the first year of the biennial session; provided that any such 
measure submitted to the Bill Drafting Division of the Legislative Services Office by 4:00 
p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on the next 
Thursday (May 9) shall be treated as if it had been filed for introduction pursuant to this 
subsection. 

(a6) A two-thirds vote of the membership of the Senate present and voting shall be 
required to file for introduction any bill or resolution after the dates established by this 
section. 

(a7) Except for subsection (c), this rule shall not apply to any reconvened session 
following the adjournment of the first year of the biennial session. 

(b) In order to be eligible for consideration by the Senate during the first regular ses- 
sion, all House Bills other than those required to be referred to the Committee on Redis- 
ricting, or the Committee on Finance by Rule 42, appropriations bills or adjournment 
resolutions, must be received and read on the floor of the Senate as a message from the 
House no later than May 16 of the first regular session; provided that a message from the 
House received by the next legislative day stating that a bill has passed its third reading 
and is being engrossed shall comply with the requirements of this subsection and provided 
that the House has a similar rule. 

(c) No Senate local appropriations bill may be filed for introduction in the Senate 
during the second year of the biennial session unless it is filed for introduction on or 
before June 16 of the second year of the biennial session. 

(d) This rule does not apply to bills establishing districts for Congress or State or local 
entities. 

RULE 41.1. Relationship between Ways and Means Committee and other 
committees dealing with money matters; relationship between these other 
committees dealing with money matters.— In those instances specified herein, 
the Committee on Ways and Means shall have responsibility for final consideration of 
bills dealing with money matters before the bills are considered on the floor of the Senate. 
Upon the agreement of the chairmen or, in his absence, a vice-chairman designated by 
the President Pro Tempore of any two of the following committees: Appropriations, 
Finance, and Ways and Means, any bill which net effect decreases revenues or which net 
effect increases appropriations and is reported favorably from the Committee on Appro- 
priations or the Committee on Finance shall be re-referred by the Presiding Officer to the 
Committee on Ways and Means for consideration. Bills referred to the Committee on 
Appropriations pursuant to Rule 43 may be referred by the Chairman of the Committee 
on Appropriations to the Appropriations Committee on Human Resources, Appropri- 
ations Committee on Education, Appropriations Committee on General Government, 
Appropriations Committee on Justice and Public Safety, or Appropriations Committee 
on Natural and Economic Resources for a report back to the Committee on Appropri- 
ations. 

RULE 42. References of appropriations and finance bills. — (a) All bills 
introduced in the Senate providing for appropriations from the State, or any subdivision 
thereof, shall, before being considered by the Senate, be referred to the Committee on 
Appropriations, and bills referred to other committees carrying any such provisions shall 
be reported to the Senate as being bills to be referred to the Appropriations Committee 
before proper action may be taken by the Senate. All bills introduced in the Senate pro- 
viding for bond issues, imposing fees or civil penalties, levying taxes, or in any manner 
affecting the taxing power of the State or any subdivision thereof, shall, before being 



February 25, 1991 



1991] SENATE JOURNAL 87 

considered by the Senate, be referred to the Committee on Finance, and bills referred to 
other committees carrying any such provisions shall be reported to the Senate as being 
bills to be referred to the Finance Committee before being considered for passage by the 
Senate. 

(b) This rule shall not apply to bills imposing criminal fines, forfeitures, or penalties 
for infractions. 

RULE 42.1. Fiscal notes. — (a) The chairman or cochairmen or vice-chairman of 
the Appropriations Committee, of the Finance Committee or of the Rules Committee, or 
of the Ways and Means Committee, upon the floor of the Senate, may request that a 
fiscal analysis be made of a bill, resolution or an amendment to a bill or resolution which 
is in the possession of the Senate and that a fiscal note be attached to the measure, when 
in the opinion of that chairman or vice-chairman the fiscal effects of that measure are 
not apparent from the language of the measure. No bill for which a fiscal note has been 
requested may be considered for passage prior to the fiscal note being attached to the bill. 

(b) The fiscal note shall be filed and attached to the bill or amendment within two 
legislative days of the request. If it is impossible to prepare a fiscal note within two legis- 
lative days, the Director of Fiscal Research shall, in writing, so advise the Presiding 
Officer, the Principal Clerk, and the member introducing or proposing the measure and 
shall indicate the time when the fiscal note will be ready. 

(c) The fiscal note shall be prepared by the Fiscal Research Division on a form ap- 
proved by the Rules Committee as to content and form and signed by the staff member or 
members preparing it. If no estimate in dollars is possible, the fiscal note shall indicate 
the reasons that no estimate is provided. The fiscal note shall not comment on the merit 
but may identify technical problems. The Fiscal Research Division shall make the fiscal 
note available to the membership of the Senate. 

(d) A sponsor of a bill or amendment may deliver a copy of his bill or amendment to 
the Fiscal Research Division for the preparation of a fiscal note. The sponsor shall at- 
tach the fiscal note to the bill when he files the bill or to the amendment when he moves 
its adoption. 

(e) The sponsor of a bill or amendment to which a fiscal note is attached who objects 
to the estimates and information provided may reduce to writing his objections. These 
objections shall be appended to the fiscal note attached to the bill or amendment and to 
the copies of the fiscal note available to the membership. 

(f) Subsection (a) of this rule shall not apply to the current operations appropriations 
bill or the capital improvements appropriations bill. This rule shall not apply to a bill or 
amendment requiring an actuarial note under these rules. 

RULE 42.2. Actuarial notes. — (a) Every bill or resolution proposing any change 
in the law relative to any 

1 . State, municipal or other retirement system funded in whole or in part out of 
public funds; or 

2. Program of hospital, medical, disability or related benefits provided for 
teachers and State employees, funded in whole or in part by State funds shall 
have attached to it at the time of its consideration by any committee a brief 
explanatory statement or note which shall include a reliable estimate of the 
financial and actuarial effect of the proposed change to that retirement or 
pension system. The actuarial note shall be attached to the jacket of each 
proposed bill or resolution which is reported favorably by any committee, 
shall be separate therefrom, and shall be clearly designated as an actuarial 
note. 

(b) The sponsor of the bill or resolution shall present a copy of the measure, with his 
request for an actuarial note, to the Fiscal Research Division which shall prepare the 
actuarial note as promptly as possible but not later than two weeks after the request is 
made. Actuarial notes shall be prepared in the order of receipt of request and shall be 



February 25, 1991 



88 SENATE JOURNAL [Session 

transmitted to the sponsor of the measure. The actuarial note of the Fiscal Research 
Division shall be prepared and signed by an actuary. 

(c) The sponsor of the bill or resolution shall also present a copy of the measure to the 
chief administrative officer of the retirement or pension system affected by the measure. 
The chief administrative officer shall have an actuarial note prepared by the system's 
actuary on the measure and shall transmit the note to the sponsor of the measure not later 
than two weeks after the request is received. The actuarial note shall be attached to the 
jacket of the measure. 

(d) The note shall be factual and shall, if possible, provide a reliable estimate of both 
the immediate effect and, if determinable, the long range fiscal and actuarial effect of the 
measure. If, after careful investigation, it is determined that no dollar estimate is possi- 
ble, the note shall contain a statement to that effect, setting forth the reasons why no 
dollar estimate can be given. No comment or opinion shall be included in the actuarial 
note with regard to the merits of the measure for which the note is prepared. Technical 
and mechanical defects in the measure may be noted. 

(e) When any committee reports a measure to which an actuarial note is attached at 
the time of committee consideration, with any amendment of such nature as would sub- 
stantially affect the cost to or the revenues of any retirement or pension system, the 
chairman of the committee reporting the measure shall obtain from the Fiscal Research 
Division an actuarial note of the fiscal and actuarial effect of the proposed amendment. 
The actuarial note shall be attached to the jacket of the measure. An amendment to any 
bill or resolution shall not be in order if the amendment affects the costs to or the revenues 
of a State-administered retirement or pension system, unless the amendment is accom- 
panied by an actuarial note, prepared by the Fiscal Research Division, as to the actuarial 
effect of the amendment. 

(f) The Fiscal Research Division shall make all relevant actuarial notes available to 
the membership of the Senate. 

RULE 42.3. Assessment reports. — Every legislative proposal introduced in the 
Senate proposing the establishment of an occupational or professional licensing board or 
a study for the need to establish such a board shall have attached to the jacket of the 
original bill at the time of its consideration on second or third readings by the Senate or by 
any committee of the Senate prior to a favorable report, an assessment report from the 
Legislative Committee on New Licensing Boards, pursuant to Article 18A of Chapter 
120 of the General Statutes. The assessment report shall not constitute any part of the 
expression of legislative intent proposed by the formation of a licensing board. 

Upon receipt of the request the Legislative Committee on New Licensing Boards shall 
prepare and return the assessment report as soon as possible but not later than 60 days, 
reserving the right to extend this time to 90 days. A supplementary report shall be pre- 
pared and submitted to the requesting Senator not later than 30 days after the receipt of 
the request. 

RULE 42.4. Content of appropriations bills. — (a) No provision changing ex- 
isting law shall be contained in any of the following bills: (1) the Current Operations 
Appropriations Bill; (2) the Capital Improvement Appropriations Bill; (3) any bill gen- 
erally revising appropriations for the second fiscal year of a biennium. 

(b) No amendment to any bill listed in subsection (a) of this rule shall be in order if the 
language is prohibited by that subsection. 

(c) Notwithstanding subsections (a) and (b) of this section, any of the bills listed in 
subsection (a) of this section or an amendment to such bill may change existing law if the 
change: 

(1) Alters expenditures or salaries; 

(2) Changes the scope or character of a program which must be reduced, in- 
creased, or changed because of an increase or decrease of funds appropriated 
for the program or because of changes in federal law or regulation; or 

(3) Modifies any function of State government which necessitates a transfer of 
funds from one department to another; 



February 25, 1991 



1991] SENATE JOURNAL 89 

provided, that for a provision to be in order under this subsection, it must be recom- 
mended to the General Assembly in a written report adopted by the Appropriations Com- 
mittee before or at the same time the bill is reported, or if such provision is contained in a 
floor amendment, the sponsor of the amendment must present to the Principal Clerk at or 
before the time the amendment is offered an explanation of the amendment for distribu- 
tion to each member of the Senate. 

RULE 42. 5. Appropriations committee meetings.— Notwithstanding the pro- 
visions of G.S. 143-14, and pursuant to the last sentence thereof, the Appropriations 
Chairman may in his or her sole discretion direct that the Appropriations Committee or 
its subcommittees or both may consider the budget and the budget plan including all 
appropriations in separate meetings from the House of Representatives and may do all 
things set forth in said Statute separately from the House of Representatives. 

RULE 43. First reading; reference to committee.— All bills filed for introduc- 
tion and all House bills received in the office of the Principal Clerk not later than one and 
one-half hours preceding the convening of the Senate, upon presentation to the Senate, 
shall be read in regular order of business by their number and title which shall constitute 
the first reading of the bill. Unless otherwise disposed of, the Reading Clerk shall an- 
nounce the referral of the bill which shall have been referred by the Principal Clerk of the 
Senate under the supervision of the Chairman of the Committee on Rules and Operation 
of the Senate or in his absence the Vice-Chairman of said Committee. The Principal 
Clerk shall inform the Presiding Officer of the referral. The title and referral shall be 
entered upon the Journal. 

Bills may be referred to more than one committee serially, i.e. "S.B.__ is re- 
ferred to the Committee on Agriculture and upon a favorable report referred to the Ap- 
propriations Committee." 

RULE 44. Bills to receive three readings. — Every bill shall receive three read- 
ings previous to being passed, and the Presiding Officer shall give notice at each whether 
it be the first, second, or third. After the first reading, unless a motion is made by some 
Senator, the Reading Clerk shall announce the referral as set forth in Rule 43. No bill 
shall be amended upon the floor of the Senate until it has been twice read. Senate simple 
resolutions shall not require three readings. 

RULE 45. Reports of committees. — Every Senator presenting a report of a com- 
mittee shall endorse the report with the name of the committee and, in case of a minority 
report, with the names of the members making the report. The report of the committee 
shall show that a majority of the committee was present and voted. Every report of the 
committee upon a bill or resolution shall stand upon the general orders with the bill or 
resolution. No committee shall report a bill or resolution without prejudice. 

RULE 45.1. Action on amendment before re-referral. — If any committee 
recommends adoption of an amendment or committee substitute of a bill which, under 
the rules of the Senate is sequentially referred to another committee, the amendment or 
committee substitute shall be considered and, if adopted, the amendment or substitute 
engrossed before the bill is re-referred. 

RULE 46. Unfavorable report by committee. — (a) All bills reported unfavor- 
ably by the committee to which they were referred, and having no minority report, shall 
lie upon the table, but may be taken from the table, and placed upon the calendar by a 
two-thirds vote of the membership of the Senate present and voting. 

(b) When a bill is reported by a committee with an unfavorable report, but accompa- 
nied by a minority report, signed by at least three members of the committee who were 
present and who voted on the bill when the bill was considered in committee, then the 
minority report shall be placed on the calendar and considered the following day, and the 
question before the Senate shall be "The adoption of the Minority Report. " If the minor- 



February 25, 1991 



90 SENATE JOURNAL [Session 

ity report is adopted by a majority vote, the bill shall be placed upon the calendar; if the 
minority report is not adopted, the bill shall lie upon the table. 

RULE 47. Recall of bill from committee. — When a bill has been introduced and 
referred to a committee, if after 10 days the committee has failed to report thereon, then 
the author of the bill may, after three days' public notice given in the Senate and deliv- 
ered in writing to the chairman of the committee, on motion supported by a vote of two- 
thirds of the membership of the Senate present and voting, recall the bill from the com- 
mittee to the floor of the Senate for consideration and such action thereon as a majority of 
the Senators present may direct. This rule shall not be temporarily suspended except 
upon one day's notice on the motion given in the Senate and delivered in writing to the 
chairman of the committee and to sustain that motion two-thirds of the membership of 
the Senate present and voting shall be required. 

RULE 48. Calendar; order to be followed. — The Presiding Officer and the Prin- 
cipal Clerk of the Senate shall see that all bills are acted upon by the Senate in the order in 
which they stand upon the calendar, unless otherwise ordered as hereinafter provided. 
The published calendar shall include all bills reported favorably from committees, or 
reported with a minority report attached, or placed on the calendar on motion: Provided, 
that the published local calendar may carry the number of each bill, the county or coun- 
ties referred to, and an abbreviated statement of the title of the bill. 

RULE 49. Considering bills out of regular order. — Except as provided in Rule 
50, any bill or other matter may be taken up out of order upon order of the Presiding 
Officer or upon motion sustained by a majority of the membership of the Senate. 

RULE 50. Third reading requirements.— No bill on its third reading shall be 
acted upon out of the regular order in which it stands on the calendar, and no bill shall be 
acted upon on its third reading the same day on which it passed its second reading, unless 
so ordered by two-thirds of the membership of the Senate present and voting. 

RULE 51. Special orders. — Any bill or other matter may be made a special order 
for a particular day or hour by a vote of the majority of the Senators voting, and if action 
on the bill is not completed on that day, it shall be returned to its place on the calendar, 
unless it is made a special order for another day; and when a special order is under con- 
sideration it shall take precedence over any special order or subsequent order for the day, 
but such subsequent order may be taken up immediately after the previous special order 
has been disposed of. 

RULE 52. Procedure when necessary number of Senators not pres- 
ent. — If, on taking the question on a bill, it appears that a constitutional quorum is not 
present, or if the bill requires a vote of a certain proportion of all the Senators to pass it, 
and it appears that such number is not present, the bill shall be again read and the ques- 
tion taken thereon; if the bill fails a second time for the want of the necessary number 
being present and voting, the bill shall not be finally lost, but shall be returned to the 
calendar in its proper order. 

RULE 53. Effect of defeated bill. — (a) After a bill has been tabled, or has failed 
to pass on any of its readings, the contents of such bill or the principal provisions of its 
subject matter shall not be embodied in any other measure. Upon the point of order being 
raised and sustained by the Presiding Officer, such measure shall be laid upon the table, 
and shall not be taken therefrom except by a vote of two-thirds of the membership of the 
Senate present and voting: Provided, no local bill shall be held by the Presiding Officer 
as embodying the provisions, or being identical with any statewide measure which has 
been laid upon the table or failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie upon 
the table, and shall not be taken therefrom except by a vote of two-thirds of the member- 
ship of the Senate present and voting. 



February 25, 1991 



1991] SENATE JOURNAL 91 

RULE 54. Taking bill from table.— No bill which has been laid upon the table 
shall be taken therefrom except by a vote of two-thirds of the membership of the Senate 
present and voting. 

RULE 54.1. Bill title.— The title of each bill shall adequately and fairly reflect its 
subject matter. 

RULE 55. Amending titles of bills.— When a bill is materially modified or the 
scope of its application extended or decreased, or if the county, or counties, to which it 
applies is changed, the title of the bill shall be changed by the Senator introducing the bill 
or by the committee having it in charge , or by the Principal Clerk , so as to indicate the full 
purport of the bill as amended and the county or counties to which it applies. 

RULE 56. Corrections of typographical errors in bills.— The Enrolling Clerk 
is authorized to make corrections of typographical errors in the text of bills at any time 
prior to ratification. Before the correction is made, the Enrolling Clerk shall have the 
approval of the Chairman of the Committee on Rules and Operation of the Senate or, in 
his absence, the Vice-Chairman of said Committee. 

RULE 56.1. Amendments and committee substitutes adopted by the 
House to bills originating in the Senate. — (a) Whenever the House has adopted 
an amendment or a committee substitute for a bill originating in the Senate, and has 
returned the bill to the Senate for concurrence in that amendment or committee substi- 
tute, the Senate may not concur in that amendment or committee substitute until the next 
legislative day following the day on which the Senate receives that measure. 

(b) The Principal Clerk under the supervision of the Chairman of the Rules and Oper- 
ation Committee of the Senate may, and upon motion supported by a majority of the 
Senate present and voting, shall refer the bill to an appropriate committee for consider- 
ation of the amendment or committee substitute. 

(c) The Presiding Officer shall, in placing the bill on the calendar, rule whether the 
amendment or committee substitute is a material amendment under Article II, Section 
23, of the State's Constitution. If the measure is referred to committee, the committee 
shall: 

i. Report the bill with the recommendation either that the Senate concur or that 
the Senate do not concur; and 

ii. Advise the Presiding Officer as to whether or not the amendment or commit- 
tee substitute is a material amendment under Article II, Section 23, of the 
State's Constitution. 

(d) If the amendment or committee substitute for a bill is not a material amendment, 
the question before the Senate shall be concurrence. In the event there is more than one 
House Amendment, the question shall be concurrence in all the House amendments and 
the question may not be divided, notwithstanding Rule 28. The question which shall be 
put before the Senate by the Presiding Officer shall be: "Does the Senate concur in the 
House amendments (Committee Substitute) to S.B. ?." 

(e) If the amendment or committee substitute for a bill is a material amendment, the 
receiving of that bill on messages shall constitute first reading and the question before the 
Senate shall be concurrence on second reading. If the motion is passed, the question 
then shall be concurrence on third reading on the next legislative day. 

(f) No committee substitute adopted by the House to a bill originating in the Senate 
may be amended by the Senate. 

RULE 57. Conference committee.— Whenever the Senate fails to concur in 
amendments or committee substitutes put by the House to a bill originating in the Senate, 
or whenever the House of Representatives fails to concur in amendments or committee 
substitutes put by the Senate to a bill originating in the House, a conference committee 
shall be appointed by the President Pro Tempore of the Senate or in his absence the 
Deputy President Pro Tempore, upon motion, and the bill under consideration shall 



February 25, 1991 



92 SENATE JOURNAL [Session 

thereupon go to and be considered by the joint conferees on the part of the Senate and 
House of Representatives. Senate conferees shall not be less than three nor more than 
twelve and shall include the primary sponsor and the chairman of each committee which 
considered the bill. In considering matters in difference between the Senate and House 
committed to the conferees, only such matters as are in difference between the two 
houses shall be considered by the conferees, and the conference report shall deal only 
with such matters. In conference committee a majority of the Senate conferees shall be 
the Senate's position on any matter in which a vote is taken. The conference report shall 
not be amended. 

RULE 57.1. Germaneness of amendment. — All amendments and committee 
substitutes shall be germane to the original subject matter of the bill. 

RULE 58. Certification of passage of bills.— The Principal Clerk shall certify 
the passage of bills by the Senate, with the date thereof, together with the fact whether 
passed by vote of three-fifths or two-thirds of the membership of the Senate present and 
voting, whenever such vote may be required by the Constitution or laws of the State. 

RULE 59. Transmittal of bills to House. — No bill shall be sent from the Senate 
on the day of its passage except on the last day of the session , unless otherwise ordered by 
a vote of two-thirds of the membership of the Senate present and voting. 

RULE 59.1. Engrossment. — Bills and resolutions, except those making appropri- 
ations, which originate in the Senate and which are amended shall be engrossed before 
being sent to the House. 

VII. Legislative Officers and Employees 

RULE 60. Pages. — (a) The President Pro Tempore of the Senate shall appoint 
pages. The President Pro Tempore, or such person as he may designate, shall supervise 
the pages and assign to them their duties. Each page shall be at least 14 years of age. 

(b) Members may designate Honorary Pages by a statement delivered to the Principal 
Clerk who will have a certificate issued therefor. 

RULE 61. Sergeants-at-Arms. — (a) There shall be 15 positions of Assistant Ser- 
geants-at-Arms to be appointed, upon the recommendation of the President Pro Tem- 
pore, by the Sergeant-at-Arms who are to work under his or her supervision and to be 
assigned such duties and powers as he or she shall direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the members and 
employees of the Senate while in the Senate Chamber, or any place in which the Senate 
or its committees are in session. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by orders of 
the Senate and signed by the Presiding Officer of the Senate, and said warrants and sub- 
poenas shall be returnable to the Principal Clerk of the Senate. 

RULE 62. Principal Clerk's staff.— The Principal Clerk of the Senate shall 
employ all necessary employees and clerks required to carry out the duties of his or her 
office. The Principal Clerk shall have supervision and control, and shall assign such 
duties and powers as he or she shall direct to his or her employees and clerks. 

RULE 63. Committee clerks and secretaries. — (a) Each committee shall have 
a clerk. The clerk to a committee shall serve as secretary to the chairman of that com- 
mittee. 

(b) Each member shall be assigned a secretary, unless he or she has a committee clerk 
to serve as his or her secretary. 

(c) The selection of said clerk and/or secretary shall be the prerogative of the individu- 
al member. Such clerks and secretaries shall file initial applications for employment 
with the Supervisor of Clerks and shall receive compensation as prescribed by the 



February 25, 1991 



1991] SENATE JOURNAL 93 

Legislative Services Commission. The employment period of clerks and secretaries shall 
comply with the period as established by the Legislative Services Commission unless em- 
ployment for an extended period is approved by the President Pro Tempore. The clerks 
and secretaries shall adhere to such uniform regulations and other conditions of employ- 
ment (including retention) under the direction of the Supervisor of Clerks as the Commit- 
tee on Rules and Operation of the Senate shall adopt. 

(d) The Supervisor of Clerks and any assistants shall be appointed by the President 
Pro Tempore of the Senate. 

RULE 64. Senate Journal.— The Principal Clerk shall prepare and be responsible 
for the Journal. The President Pro Tempore or, in his absence, the Deputy President Pro 
Tempore shall examine the Journal to determine if the proceedings of the previous day 
have been correctly recorded. 

RULE 65. Deputy President Pro Tempore.— The Senate shall elect a Deputy 
President Pro Tempore. The Deputy President Pro Tempore shall become the President 
Pro Tempore upon the death, resignation or removal from office of the President Pro 
Tempore. 

VIII. General Rules 

RULE 66. President to sign papers. — All acts, addresses and resolutions, and all 
warrants and subpoenas issued by order of the Senate shall be signed by the President or 
by the President Pro Tempore presiding in his absence. 

RULE 67. Admission to the floor of the Senate.— No person except members 
of the Senate, members of the House of Representatives, staff of the General Assembly; 
staff of the Lieutenant Governor; Judges of the Supreme Court, Court of Appeals, and 
Superior Courts; the Governor and members of the Council of State; former members of 
the General Assembly; and persons particularly invited and extended the privileges of the 
floor by the Presiding Officer shall be admitted to the floor of the Senate during its ses- 
sion. Notwithstanding any other provision of these rules, no registered lobbyist shall be 
admitted to the floor of the Senate or Senate Chamber while the Senate is in session. 
When the Senate is not in daily session, the President Pro Tempore shall determine the 
privileges of the floor. 

RULE 67.1. Recognition for extending courtesies. — (a) Courtesies of the 
floor and galleries shall be extended only by the Presiding Officer on his own motion or 
upon the written request of a member of the Senate to former members of the General 
Assembly or to distinguished visitors. 

(b) The Presiding Officer, upon written request at intervals between various orders of 
business, may extend courtesies to schools or other special large groups visiting in the 
galleries while they are present, and the Presiding Officer shall, at such times as he 
deems appropriate, express to those visitors in the galleries the pleasure of the Senate for 
their presence. 

RULE 68. Privileges of the floor.— Any group or individual other than members 
of the Senate who desires to make remarks upon the floor of the Senate will first obtain 
approval of the President Pro Tempore or, in his absence, the Deputy President Pro 
Tempore of the Senate. 

RULE 69. News media. — The President is authorized to assign area and equipment 
on the floor of the Senate for the use of the representatives of news media; and the Presi- 
dent shall provide regulations for the operation of the representatives of the news media 
on the floor of the Senate. 

RULE 70. Absence without leave.— No Senator or officer of the Senate shall 
depart the service of the Senate without leave, or receive pay as a Senator or officer for 
the time he is absent without leave. 



February 25, 1991 



94 SENATE JOURNAL [Session 

RULE 71. Placing material on Senators' desks.— Any person other than a 
member of the Senate desiring to place articles of any kind on or about desks in the 
Senate Chamber or in the offices of the members of the Senate shall make written appli- 
cation to, and obtain written approval from the Principal Clerk. 

RULE 72. Assignment of seats; offices. — (a) The President Pro Tempore of the 
Senate shall assign seats in the Senate Chamber to the members elected. In making such 
assignments, each member elected to the immediate preceding session of the Senate 
shall be entitled to the seat occupied by him or to his selection of any other seat vacated. 
The President Pro Tempore, when assigning seats, shall give preferential consideration 
to the respective members according to the length of service which each member has 
rendered in the Senate . No incumbent appointed to fill an unexpired term in the immedi- 
ate preceding session shall retain the seat if requested by a Senator elected to said ses- 
sion. 

(b) Not later than two days after the initial committee assignments become final, the 
President Pro Tempore of the Senate is authorized to make assignments of committee 
rooms and offices to designated committees, chairmen, and members of the Senate. 
The office adjacent to any committee room assigned to a principal committee by the 
President Pro Tempore shall be automatically assigned to the chairman of the principal 
committee. In making such assignments of individual offices, the President Pro Tem- 
pore shall give preferential consideration to the respective members according to the 
length of service which each member has rendered in the Senate. 

RULE 73. Administrative rules and regulations involving Senate em- 
ployees. — All administrative rules, regulations and orders involving all individuals 
employed to perform duties for the Senate, other than those appointed by the Principal 
Clerk and the Sergeant-at-Arms, shall be first approved by the Committee on Rules and 
Operation of the Senate. 

RULE 74. Public hearings.— Any Senator may request in writing a public hearing 
on a public bill. Requests may be granted in the discretion of the Chairman. Notice shall 
be given not less than five calendar days prior to public hearings. Such notices shall be 
issued as information for the press and the information shall be posted in the places 
designated by the Principal Clerk. 

RULE 75. Public hearings, filing of written statements. — Persons desiring to 
appear and be heard at a public hearing are encouraged to file with the chairman of the 
committee a brief or a written statement of the remarks to be made at least 24 hours 
before the time of the hearing. 

RULE 76. Voting in joint sessions.— When any Senate Committee sits jointly 
with the House Committee, the Senate Committee reserves the right to vote separately 
from the House Committee. 

RULE 77. Alterations, suspension or rescission of rules. — (a) These rules 
may not be permanently rescinded or altered except by Senate simple resolution passed 
by a two-thirds vote of the membership of the Senate. The introducer of the resolution 
must, on the floor of the Senate, give notice of his intent to introduce the resolution on the 
legislative day preceding its introduction. 

(b) Except as otherwise provided herein, the Senate, upon two-thirds vote of the 
membership of the Senate present and voting, may temporarily suspend any of these 
rules. 

The President recognizes the following pages serving in the Senate this week: Lindsey 
Marie Bass, Charlotte; Seth Caldwell, Davidson; Christal Eugenia Chapman, Char- 
lotte; Jennifer Lynn Coleman, Stedman; Alisha Ann Dancy, Mount Airy; William 
Ward Davis, Raleigh; Jamie Franks, Belmont; Christa Skye Hanford, Raleigh; Worth 
McLendel Helms, III, Charlotte; Craig Allen Leavitt, Lincolnton; Mary Samantha 



February 25, 1991 



1991] SENATE JOURNAL 95 

McCullen, Stedman; Thomas Chambers Morphis, Hickory; Amy Renee' O'Neal, 
Dobson; Emily O'Quinn, Fuquay-Varina; Jeanna M. Sturgis, Gastonia; Douglas 
Edward Thomas, Pineville; Jacquelilne Lanise Todd, Zebulon; Kristin Marie Whitak- 
er, Buxton; James Lee White, Monroe; and Sara Emily Whitford, Raleigh. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns at 
9:20 P.M. to meet tomorrow, February 26, at 3:00 P.M. 



SIXTEENTH DAY 

I 

Senate Chamber, 

Tuesday, February 26, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Dr. Randall Robinson, Minister of Millbrook Baptist Church, 
Raleigh, as follows: 

"We come, O God, to offer thanksgiving for life and the potential to bring change for 
good through the process of government. 

"Grant unto these elected-ones guidance in governance and legislation. Grant unto 
them patience with colleagues and courage in dealing with issues beyond the scope of 
human wisdom. In protecting provincial interests, may none lose sight of the common 
good and the basic needs of each person in the larger constituency of life. 

"We pause this day to pray for those serving and living in the Persian Gulf. We pray for 
that pause in conflict we know as peace, while longing for Your peace that sustains us in 
spite of war. Give special guidance to our national leaders. Impart Your wisdom 
through them and the leaders of all nations in our global village that peace and justice 
might be the order of the day. 

"We remember those who have given the ultimate sacrifice. Protect their families 
during this season of grief and adjustment. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 25, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Sherron and Senator Plyler . 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S.B. 43, a bill to provide for automatic commitment of persons found not guilty by 
reason of insanity of violent crimes and shifting burden of proof, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 43 (Committee Substitute) , a bill to provide for 
automatic civil commitment of a defendant charged with a crime and found not guilty by 



February 26, 1991 



96 SENATE JOURNAL [Session 

reason of insanity, to shift the burden of proof to the defendant at subsequent hearings on 
release, and to make other changes in related procedures, is placed before the Senate for 
immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, February 27, for further consid- 
eration. 

By Senator Goldston for the Transportation Committee: 

S.B. 86, a bill to create a Railroad Advisory Commission, with a favorable report, as 
amended. 

On motion of Senator Goldston, pursuant to Rule 45.1, the bill is placed before the 
Senate for immediate consideration and, on his further motion, Committee Amendment 
No. 1 is adopted. 

On motion of Senator Goldston, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 

S.B. 146, a bill establishing a method for setting the fees paid to contract agents of the 
Division of Motor Vehicles, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Appropriations Com- 
mittee. 



INTRODUCTION OF BILL 

The following bill filed for introduction is presented to the Senate, read the first time, 
and disposed of as follows: 

By Senator Speed: 

S.B. 186, a bill to appropriate funds to the Franklin Water and Sewer Authority to 
prepare a feasibility study on finding a new water supply. 
Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.J.R. 92, a joint resolution honoring the life and memory of Thomas Meredith, on 
the occasion of the centennial of the granting of the charter to Baptist Female University 
(Meredith College) by the North Carolina General Assembly. 

Without objection, on motion of Senator Cochrane, the joint resolution is read in its 
entirety. 

The joint resolution passes its second (48-0) and third readings and is ordered, with- 
out objection, sent to the House of Representatives by special messenger. 

S.J.R. 118, a joint resolution providing for confirmation of the appointment of 
William T. Graham as Commissioner of Banks. 

The joint resolution passes its second (46-2) and third readings and is ordered, with- 
out objection, sent to the House of Representatives by special messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.J.R. 187, a joint resolution inviting the Honorable James G. Exum, Jr., Chief Jus- 
tice of the Supreme Court, to address a Joint Session of the Senate and House of Repre- 
sentatives. (Res. 3) 



February 26, 1991 



1991] SENATE JOURNAL 97 

ESCORT COMMITTEE 

Pursuant to S.J.R. 187, a joint resolution inviting the Honorable James G. Exum, 
Jr., Chief Justice of the Supreme Court, to address a Joint Session of the Senate and 
House of Representatives, the President Pro Tempore appoints Senator Soles, Chair- 
man, and Senator Sands to serve with a like committee from the House of Representa- 
tives to invite, greet, and escort the Honorable James G. Exum, Jr. , Chief Justice of the 
Supreme Court of North Carolina, to address a Joint Session. The President of the Sen- 
ate orders a special message sent to the House of Representatives informing that Honor- 
able Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 187 House of Representatives 

February 25, 1991 

Mr. President: 

Pursuant to S.J.R. 187, " A JOINT RESOLUTION INVITING THE HONORABLE 
JAMES G. EXUM, JR., CHIEF JUSTICE OF THE SUPREME COURT, TO AD- 
DRESS A JOINT SESSION OF THE SENATE AND THE HOUSE OF REPRESEN- 
TATIVES", the Speaker appoints the following members of House of Representatives to 
serve with a like Committee of the Senate to escort the Chief Justice to the Joint Session: 



Representative Dennis A. Wicker 
Representative Johnathan L. Rhyne 



Respectfully, 
S/Grace A. Collins 
Principal Clerk 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 121, a joint resolution honoring the life and memory of Thomas Meredith, on 
the occasion of the centennial of the granting of the charter to Baptist Female University 
(Meredith College) by the North Carolina General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

APPOINTMENT OF COMMITTEES 

The President Pro Tempore announces appointments to standing committees, as fol- 
lows: 

AGRICULTURE, MARINE RESOURCES, AND WILDLIFE 
COMMITTEE: 

Senator Tally is appointed. 

Senators Daniel and Plyler are removed. 

ALCOHOLIC BEVERAGE CONTROL COMMITTEE: 

Senator Odom is appointed. 

Senators Plyler and Sands are removed. 



February 26, 1991 



98 SENATE JOURNAL [Session 

APPROPRIATIONS ON HUMAN RESOURCES COMMITTEE: 

Senator Pollard is appointed. 
Senator Cochrane is removed. 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES: 

Senator Cochrane is appointed. 
Senator Pollard is removed. 

BANKS AND THRIFT INSTITUTIONS COMMITTEE: 

Senators Block, Carter, and Warren are appointed. 
Senators Cochrane and Walker are removed. 

EDUCATION COMMITTEE: 

Senators Hunt, Smith, and Walker are appointed. 
Senators Basnight and Daniel are removed. 

HIGHER EDUCATION COMMITTEE: 

Senator Shaw is appointed. 
Senator Smith is removed. 

INSURANCE COMMITTEE: 

Senator Soles is appointed. 
Senator Speed is removed. 

MANUFACTURING AND LABOR COMMITTEE: 

Senator Ballance is appointed. 
Senator Block is removed. 

PENSIONS AND RETIREMENT COMMITTEE: 

Senator Daniel is appointed. 
Senator Plexico is removed. 

CONGRESSIONAL REDISTRICTING SUBCOMMITTEE: 

Senators Daughtry and Speed are appointed. 

LEGISLATIVE REDISTRICTING SUBCOMMITTEE: 

Senator Richardson is appointed. 

VETERAN AND MILITARY AFFAIRS, LAW ENFORCEMENT, AND 
SENIOR CITIZENS COMMITTEE: 

Senator Pollard is appointed. 

ECONOMIC DEVELOPMENT COMMITTEE: 
Senator Cooper (Chairman) 

Senator Simpson (Vice-Chairman) 

Senator Staton (Vice-Chairman) 

Senator Walker (Vice-Chairman) 

Senator Cochrane (Ranking Minority Member) 
Senators Allran, Blackmon, Block, Conder, Hunt, Lee, Martin of Guilford, Plexico, 
Seymour, Sherron, and Tally. 

Senator Cooper is appointed to the following standing committees: Constitution, 
Economic Development, Education, Election Laws, Environment and 
Natural Resources, Finance, Human Resources, Judiciary II, and Man- 
ufacturing and Labor. 



February 26, 1991 



1991] SENATE JOURNAL 99 

NORTH CAROLINA GENERAL ASSEMBLY 

PRESIDENT PRO TEMPORE 
SENATE 

February 26, 1991 

MEMORANDUM 

TO: Sylvia Fink, Principal Clerk 

North Carolina Senate 

FROM: Henson P. Barnes 

President Pro Tempore 

SUBJECT: Committee Assignments 

The Committee adjustments and assignments reported to the Senate this date were re- 
viewed and approved by Senator Robert G. Shaw, Minority Leader and Senator Henson 
P. Barnes, President Pro Tempore. Any deviations from the membership requirements 
of the Rules were approved by both parties. 

S/Henson P. Barnes S/Robert G. Shaw 

President Pro Tempore Minority Leader 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
3:35 P.M. to meet tomorrow, February 27, at 3:00 P.M. 



SEVENTEENTH DAY 



Senate Chamber, 

Wednesday, February 27, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore. 

Prayer is offered by Dr. Randall Robinson, Minister of Millbrook Baptist Church, 
Raleigh. 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday, February 26, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S. B. 178, a bill to exempt the Town of Madison from Article 8 of Chapter 143 of the 
North Carolina General Statutes for the purpose of extending water and sewer lines, with 
a favorable report. 



February 27, 1991 



100 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Conder: 

S.B. 188, a bill implementing the recommendations of the Legislative Study Commis- 
sion on the Basic Education Program regarding equalization funds for schools in low- 
wealth counties. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Winner: 

S.B. 189, a bill to provide that the authority of the President Pro Tempore of the Sen- 
ate and the Speaker of the House of Representatives concerning the Joint Legislative 
Commission on Governmental Operations is the same. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Cooper: 

S.B. 190, a bill to incorporate the Town of Momeyer in Nash County. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Cooper: 

S.B. 191, a bill to amend the Constitution to shift the election of the Governor and 
other Council of State officers to the cycle beginning in 1994. 
Referred to Constitution Committee. 

By Senators Ballance, Daughtry, Richardson, and Tally: 

S.B. 192, a bill to appropriate funds to establish State-funded grants to local agencies 
providing programs and services to the homeless. 
Referred to Appropriations Committee. 

By Senators Hunt and Bryan: 

S.B. 193, a bill to abolish the runoff primary. 

Referred to Election Laws Committee. 

By Senators Winner, Hyde, Daniel, and Smith: 

S.J.R. 194, a joint resolution honoring the life and memory of Robert Stringfield 
Swain, late member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Ward, Royall, and Hunt: 

S.B. 195, a bill to provide an income tax credit for contributions for North Carolina 
education improvement grants. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Staton, Royall, and Carpenter: 

S.B. 196, a bill to modify finance charge rates for revolving charge account contracts. 

Referred to Banks and Thrift Institutions Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 24, a bill to consolidate the laws concerning reports by the Department of 
Revenue. 

Referred to Finance Committee. 



February 27, 1991 



1991] SENATE JOURNAL 101 

H.B. 50, a bill to make technical changes to the property tax statutes. 
Referred to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 43 (Committee Substitute) , a bill to provide for automatic civil commitment of a 
defendant charged with a crime and found not guilty by reason of insanity, to shift the 
burden of proof to the defendant at subsequent hearings on release, and to make other 
changes in related procedures. 

On motion of Senator Sands, consideration of the Committee Substitute bill is post- 
poned until Tuesday, March 5. 

S.J.R. 121, a joint resolution honoring the life and memory of Judge William Shakes- 
peare "Sandy" Harris Jr., former member of the General Assembly. 

On motion of Senator Daniel, consideration of the joint resolution is postponed until 
Thursday, March 7. 

Pursuant to S.J.R. 187, a joint resolution inviting the Honorable James G. Exum, 
Jr., Chief Justice of the Supreme Court, to address a Joint Session of the Senate and 
House of Representatives, the Chair orders a special message sent to the House of Repre- 
sentatives informing that Honorable Body that the Senate stands ready to repair to the 
Hall of the House of Representatives, there to sit in Joint Session with that Honorable 
Body for the purpose of receiving the Address of the Chief Justice. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 187 House of Representatives 

February 27, 1991 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to S.J.R. 187, "A JOINT RESOLUTION INVITING THE HONORABLE 
JAMES G. EXUM, JR., CHIEF JUSTICE OF THE SUPREME COURT, TO AD- 
DRESS A JOINT SESSION OF THE SENATE AND THE HOUSE OF REPRESEN- 
TATIVES", the House of Representatives stands ready to receive the Senate in Joint 
Session at the appointed hour. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

The President Pro Tempore announces that pursuant to precedent, the Speaker of the 
House of Representatives will preside over the Joint Session in the absence of the Presi- 
dent of the Senate. 

Senator Royall, seconded by Senator Staton, offers a motion that the Senate recess to 
meet in Joint Session with the House of Representatives for the purpose of receiving the 
Address of the Chief Justice, and further upon dissolution of the Joint Session to stand 
adjourned to meet tomorrow, Thursday, February 28, at 1:30 P.M., which motions 
prevail. 

Pursuant to the motions of Senator Royall, the Senate preceded by its officers, repairs 
to the Hall of the House of Representatives, there to sit in Joint Session with that 



February 27, 1991 



102 SENATE JOURNAL [Session 

Honorable Body for the purpose of receiving the Address of the Chief Justice of the Su- 
preme Court of North Carolina. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing, and 
the Joint Session is called to order by Representative Daniel T. Blue, Jr. , Speaker of the 
House of Representatives. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of the Associate Justices of the Supreme Court of North Caroli- 
na, who await his pleasure. The Speaker directs the Sergeant-at-Arms to escort the 
Associate Justices to the Well of the House to be seated. The Senate and the House of 
Representatives sitting in Joint Session receive the Members of the Supreme Court stand- 
ing. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of the Chief Judge and the Associate Judges of the North Caroli- 
na Court of Appeals who await his pleasure. The Speaker directs the Sergeant-at-Arms 
to escort the Members of the Court to the Well of the House to be seated. The Senate and 
the House of Representatives sitting in Joint Session receive the Members of the Court 
standing. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of the Honorable James G. Exum, Jr. , Chief Justice of the Su- 
preme Court of North Carolina. The Speaker directs the Sergeant-at-Arms to bring the 
Committees escorting the Chief Justice to the Well of the House. Senator Soles is recog- 
nized and presents the Chief Justice to the Speaker of the House of Representatives. The 
Speaker presents the Honorable James G. Exum, Jr. to the General Assembly whereup- 
on he delivers his address, which he dedicates to the memory of the Honorable Joseph 
Branch, former Chief Justice of the North Carolina Supreme Court. (See Appendix) 

The General Assembly responds to the Address of the Chief Justice with a standing 
ovation. 

The Speaker recognizes Senator Soles and the Committees to escort the Chief Justice 
from the Hall of the House of Representatives. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives to es- 
cort the Members of the Supreme Court of North Carolina and the North Carolina Court 
of Appeals from the Hall of the House of Representatives. 

On motion of Senator Barnes, the Joint Session is dissolved and pursuant to motion 
heretofore made, the Senate stands adjourned to meet tomorrow, Thursday, February 
28, at 1:30 P.M. 



EIGHTEENTH DAY 



Senate Chamber, 

Thursday, February 28, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Dr. Randall Robinson, Minister of Millbrook Baptist Church, 
Raleigh. 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Febru- 
ary 27, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 



February 28, 1991 



1991] SENATE JOURNAL 103 

The President extends courtesies of the gallery to James B. Garrison, former Senator 
from Stanly County. 

ELECTION OF MEMBERS 

TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

Senator Perdue for the Higher Education Committee submits to the Senate the 
slate of nominees selected by the Higher Education Committee for election to the 
Board of Governors of the University of North Carolina, as follows: 

THE COMMITTEE ON HIGHER EDUCATION OF THE SENATE, in 

compliance with the provisions of G. S . 11 6-6 , nominates the following persons for elec- 
tion to the Board of Governors to the University of North Carolina. Each of these per- 
sons is, in the opinion of the Committee, legally qualified for the position to which he or 
she is recommended and has stated that he or she would serve if elected. 

AT-LARGE CATEGORY - FOUR YEAR TERM 

(Six Seats) 

C. C. Cameron 
Marcus B. Crotts 

Jack P. Jordan 
Samuel H. Poole 
W. Travis Porter 

Marshall Rauch 

J. Ray Sparrow 
Thomas Taft 

Joseph Thomas 

MINORITY PARTY CATEGORY - FOUR YEAR TERM 

(Two Seats) 

Bertram W. Coffer, M.D. 
Dr. Earl Danieley 

Carla DuPuy 
Ward Purrington 

Pursuant to S.R. 93, a Senate simple resolution to establish the procedure for nomi- 
nating and electing members of the Board of Governors of the University of North Caroli- 
na, the Chair outlines the procedure for voting. (See Appendix) The Chair directs the 
Sergeants-at-Arms to distribute the ballots, and appoints Senators Royall, Murphy, and 
Cochrane to assist the Chairman of the Higher Education Committee, Senator Perdue, 
in canvassing the ballots, and the Senate proceeds to vote. 

Pursuant to S. R. 93, Senator Perdue announces the results of the election to the Board 
of Governors of the University of North Carolina, as follows: 

AT-LARGE CATEGORY - FOUR YEAR TERM 

C.C. Cameron 
Samuel H. Poole 
W. Travis Porter 

Marshall Rauch 
Thomas Taft 

Joseph Thomas 



February 28, 1991 



104 SENATE JOURNAL [Session 

MINORITY PARTY CATEGORY - FOUR YEAR TERM 

Dr. Earl Danieley 
Ward Purrington 

The Chair declares C. C. Cameron, Samuel H. Poole, W. Travis Porter, Marshall 
Rauch, Thomas Taft, Joseph Thomas, Dr. Earl Danieley, and Ward Purrington, re- 
ceiving a majority of the votes cast, are duly elected to the Board of Governors of the 
University of North Carolina and orders a special message sent to the House of Repre- 
sentatives informing that Honorable Body of such action. 

The Chair extends courtesies of the gallery to Samuel H. Poole, W. Travis Porter, 
Thomas Taft, and Joseph Thomas, newly-elected members of the Board of Governors 
of the University of North Carolina. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S.B. 119, a bill to remove the sunset on the act requiring that headlights be illumi- 
nated when windshield wipers are on to make that vehicle more discernible during peri- 
ods of limited visibility, with a favorable report. 

S.B. 130, a bill to authorize the Conference of Chief District Judges to adopt a sched- 
ule of park and recreation offenses that are waivable and adopt a schedule of fines and 
penalties for those that admit guilt or accept responsibility, with a favorable report, as 
amended. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Block: 

S.B. 197, a bill concerning legislative analysis of certain pension measures. 

Referred to Pensions and Retirement Committee. 

By Senator Hunt: 

S.B. 198, a bill to increase the processing fee for bad checks. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Hunt, Basnight, Daniel, Lee, Martin of Pitt, Martin of Guilford, Raynor, 
Richardson, Royall, Sherron, Staton, Tally, Walker, Ward, Warren, and Winner: 

S.B. 199, a bill to improve educational opportunities for North Carolinians. 

Referred to Higher Education Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senators Allran and Carpenter: 

S.B. 200, a bill recommended by the Juvenile Law Study Commission to clarify the 
emancipation law and to provide for emancipation by parents in certain circumstances. 
Referred to Judiciary II Committee. 

EXECUTIVE ORDERS 

Executive Orders received are presented to the Senate, read, and referred to commit- 
tee, as follows: (See Appendix) 



February 28, 1991 



1991] SENATE JOURNAL 105 

Executive Order Number 132, Establishment of Governor's Council on Alcohol 
and other Drug Abuse. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 133, Expanding the Membership of Governor's High- 
way Beautification Council. 

Referred to State Personnel and State Government Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 85, a bill to authorize Currituck County to establish noise districts and to regu- 
late noise within those districts. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 88, a bill to exempt the City of Laurinburg from certain zoning notice require- 
ments. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

The bill on the Calendar is taken up and disposed of as follows: 

S.B. 178, a bill to exempt the Town of Madison from Article 8 of Chapter 143 of the 
North Carolina General Statutes for the purpose of extending water and sewer lines. 

The bill passes its second and third readings and is ordered sent to the House of Repre- 
sentatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 202, a joint resolution honoring Hugh Cale, a former member of the General 
Assembly, and commending Elizabeth City State University for its contributions to the 
advancement of education on the one hundredth year of the University's founding. 

Without objection, on motion of Senator Basnight, the joint resolution is placed before 
the Senate for immediate consideration. 

The joint resolution passes its second (42-0) and third readings and is ordered en- 
rolled. (See Appendix.) 



APPOINTMENTS TO GOVERNMENTAL OPERATIONS 
COMMISSION 

Pursuant to G.S. 120-74, the President Pro Tempore appoints the following Senators 
to the Joint Legislative Commission on Governmental Operations for a two-year term 
expiring January 15, 1993: Senators Basnight, Conder, Daniel, Plyler, Richardson, 
Royall, Shaw, and Marvin. 

Senator Barnes announces to the membership that Mrs. Catholeen Thornton Daugh- 
try, mother of Senator N. Leo Daughtry, died this morning and funeral arrangements 
will be announced. 



February 28, 1991 



106 SENATE JOURNAL [Session 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
2:25 P.M. to meet Monday, March 4, at 8:00 P.M. 



NINETEENTH DAY 



Senate Chamber, 
Monday, March 4, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, each ending is in itself a new beginning. One door closes and another 
opens. Chapter one is but a prelude to chapter two. 

"No words can express the relief we feel tonight as we reflect on the cease-fire in the 
Persian Gulf. We are so grateful that our soldiers are no longer engaged in combat. Yet, 
this ending to the war is just a beginning, to the return of our troops and reuniting of 
families in Fayetteville, Jacksonville, Goldsboro, and all across our State to the restora- 
tion of Kuwait, to the healing of the wounded and the mourning of those who perished. 

"As we continue our work here Father, may we see the connection between the conclu- 
sion of this chapter in our history, this war in the Gulf, and the beginning of a new chap- 
ter for America and the rest of the world. May that new chapter be entitled Compassion, 
Justice — Peace. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, Febru- 
ary 28, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

H.J.R. 202, a joint resolution honoring Hugh Cale, a former member of the General 
Assembly, and commending Elizabeth City State University for its contributions to the ad- 
vancement of education on the one hundredth year of the university ' s founding. (Res . 4) 

REPORT OF COMMITTEES 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S. B. 109, a bill to clarify the prohibition against disclosing tax information, to modify 
the prohibition to permit the exchange of certain information between designated agen- 
cies, and to exclude information submitted on a master tax application form from the 
prohibition, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion the 
Committee Substitute bill is adopted. 



March 4, 1991 



1991] SENATE JOURNAL 107 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calendar 
for tomorrow, March 5. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Seymour, Martin of Guilford, Shaw, Walker, and Lee: 

S.B. 201, a bill to appropriate funds to the Piedmont Triad Water Authority for the 

preparation of the environmental impact statement, preliminary engineering, and land 

acquisition for the Randleman Reservoir. 
Referred to Appropriations Committee. 

By Senators Warren, Martin of Pitt, Cooper, and Plexico: 

S.B. 202, a bill to appropriate funds to the Board of Governors of the University of 
North Carolina for additional support of the residential summer school programs oper- 
ated by the Office of Rural Education, Western Carolina University and by the Rural 
Education Institute, East Carolina University. 

Referred to Appropriations Committee. 

By Senators Raynor, Bryan, Kincaid, Parnell, Soles, and Walker: 
S.B. 203 , a bill to authorize the Legislative Research Commission to study the Worker 
Training Trust Fund. 

Referred to Appropriations Committee. 

By Senators Raynor, Bryan, Kincaid, Parnell, Soles, and Walker: 
S.B. 204, a bill to appropriate funds from the Worker Training Trust Fund and from 
the Special Employment Security Administration Fund. 
Referred to Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H . B . 76 , a bill to amend the City of Greensboro Charter regarding initiative elections , 
rewards, and settlement of claims. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 112, a bill relating to the manner of filling vacancies in the Office of Register of 
Deeds of Edgecombe and Lincoln Counties. 
Referred to Election Laws Committee. 

H.B. 113, a bill to allow the Town of Ayden to dispose of certain property by private 
negotiation and sale. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 138, a bill to provide that in filling a vacancy in the Office of Sheriff of Edge- 
combe and Lincoln Counties, the County Board of Commissioners must appoint the 
nominee of the party executive committee of the vacating sheriff. 

Referred to Election Laws Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

March 4, 1991 



108 SENATE JOURNAL [Session 

S.B. 119, a bill to remove the sunset on the act requiring that headlights be illumi- 
nated when windshield wipers are on to make that vehicle more discernible during peri- 
ods of limited visibility. 

The bill passes its second (45-3) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 130, a bill to authorize the Conference of Chief District Judges to adopt a sched- 
ule of park and recreation offenses that are waivable and adopt a schedule of fines and 
penalties for those that admit guilt or accept responsibility. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (47-1). 

Senator Daniel objects to the third reading of the measure and the bill, as amended, is 
ordered placed on the Calendar for tomorrow, March 5, for further consideration, upon 
third reading. 

The President recognizes the following pages serving in the Senate this week: Peter 
Dunn Ahlin, Raleigh; Erin Auten, Charlotte; Carla Brice, Charlotte; Tiffany D. 
Cable, Kings Mountain; Colin Everett Cargile, Robersonville; Tammy Jean Clark, 
Mebane; Jennifer Carol Everhart, Goldsboro; Bruce A. Helms, Tarboro; Alley Jeanne 
Killian, Waynesville; Todd Lindsey, Charlotte; Kelly Ryan Neal, Southern Pines; 
Jeffrey J. Owen, Roxboro; Sarah Rebecca Preston, Raleigh; Virginia Camp Purrington, 
Raleigh; Jane Alexander Small, Raleigh; Elizabeth Ashley Smith, Burlington; and 
Karey Marie Sowers, Greensboro. 



APPOINTMENT OF COMMITTEE VICE-CHAIRMAN 

Senator Barnes appoints Senator Smith a Vice-Chairman of the Education Com- 
mittee. 

On motion of Senator Barnes, seconded by Senator Johnson, the Senate adjourns at 
8:20 P.M. to meet tomorrow, March 5, at 3:00 P.M. 



TWENTIETH DAY 



Senate Chamber, 
Tuesday, March 5, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon Tyson, Minister of Saint Luke United Methodist 
Church, Sanford, and former Chaplain of the Senate, as follows: 

"O Gracious God, from Whom all blessings flow; for the ending of the war, for pro- 
tecting our daughters and sons, for their soon homecoming, we offer to Thee our thanks 
and praise. 

"Now, let the work of peace begin; as the song teaches each of us to sing, 'and let it 
begin with me. ' Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
4, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 



March 5, 1991 



1991] SENATE JOURNAL 109 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Goldston for the Transportation Committee: 

S.B. 90, a bill to provide for a ninety-day period of time for the renewal of expired 
drivers licenses of military personnel deployed in support of "Operation Desert Storm, " 
with a favorable report, as amended. 

On motion of Senator Goldston, the bill is placed before the Senate for immediate 
consideration and, on his further motion, Committee Amendment No. 1 is adopted, 
which changes the title to read S.B. 90, a bill to provide for a ninety-day period of time 
for the renewal of drivers licenses, to waive the civil penalty for lapsed liability insurance, 
and to waive the service charge for reregistration of a vehicle of military personnel 
deployed in support of "Operation Desert Shield" or "Operation Desert Storm." 

Pursuant to Rule 45.1, the bill, as amended, is ordered engrossed and re-referred to 
the Finance Committee. 

S.B. 131 , a bill to allow the filing of an affidavit by the Secretary of Transportation or 
by an officer of the railroad to state an intention to preserve a railroad easement for future 
transportation purposes and negate the presumption of abandonment, with a favorable 
report, as amended. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill which is read the first time and disposed of as follows: 

H.B. 95, a bill to amend Chapter 1079 of the 1984 Session Laws to authorize Cum- 
berland County to sell industrial sites in its industrial park without compliance with G. S. 
158-7. 1(d). 

Referred to Local Government Committee and Regional Affairs Commit- 
tee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Seymour and Smith: 

S.B. 205, a bill to repeal the sunset provision for the utility regulatory fee statute. 

Referred to Finance Committee. 

By Senator Richardson: 

S.B. 206, a bill to amend the Private Protective Services Act to require registration of 
proprietary unarmed guards, two-year terms for licenses and registrations, and to in- 
crease fees. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Walker, Royall, and Tally: 

S.B. 207, a bill to delay by three months the requirement that resident inspectors be 
assigned to commercial hazardous waste facilities. 

Referred to Environment and Natural Resources Committee and, upon a fa- 
vorable report, re-referred to the Finance Committee. 



March 5, 1991 



110 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Ballance, Barnes, Basnight, Block, Conder, Daniel, 
Hunt, Kaplan, Lee, Martin of Pitt, Parnell, Perdue, Richardson, Royall, Sands, Sey- 
mour, Shaw, Speed, Tally, Walker, Ward, and Winner: 

S. J.R. 208, a joint resolution honoring the founders of the North Carolina Agricultur- 
al and Technical State University at Greensboro and urging the Governor to issue a proc- 
lamation recognizing the University's Centennial. 

Referred to Rules and Operation of the Senate Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 43 (Committee Substitute) , a bill to provide for automatic civil commitment of a 
defendant charged with a crime and found not guilty by reason of insanity, to shift the 
burden of proof to the defendant at subsequent hearings on release, and to make other 
changes in related procedures. 

Senator Sands offers Amendment No. 1, which is adopted (47-0). 

The Committee Substitute bill, as amended, passes its second reading (48-1). 

Senator Martin of Guilford objects to the third reading of the measure which remains 
on the Calendar for tomorrow, March 6, for further consideration, upon third reading. 

S.B. 109 (Committee Substitute), a bill to clarify the prohibition against disclosing 
tax information, to modify the prohibition to permit the exchange of certain information 
between designated agencies, and to exclude information submitted on a master tax 
application form from the prohibition. 

The Committee Substitute bill passes its second reading (50-0). 

Senator Daniel objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, March 6, for further consideration, upon third reading. 

S.B. 130, a bill to authorize the Conference of Chief District Judges to adopt a sched- 
ule of park and recreation offenses that are waivable and adopt a schedule of fines and 
penalties for those that admit guilt or accept responsibility, as amended, upon third read- 
ing. 

On motion of Senator Barnes, further consideration of the bill, as amended, is post- 
poned until Thursday, March 7. 



WITHDRAWAL FROM COMMITTEE 

S . J . R. 208 , a joint resolution honoring the founders of the North Carolina Agricultur- 
al and Technical State University at Greensboro and urging the Governor to issue a proc- 
lamation recognizing the University's Centennial. 

With unanimous consent, on motion of Senator Martin of Guilford, the rules are sus- 
pended and the joint resolution is taken from the Rules and Operation of the Sen- 
ate Committee and is placed on the Calendar for Thursday, March 7. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns at 
3:54 P.M. to meet tomorrow, March 6, at 3:00 P.M. 



March 5, 1991 



1991] SENATE JOURNAL 111 

TWENTY-FIRST DAY 

Senate Chamber, 
Wednesday, March 6, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon Tyson, Minister of St. Luke United Methodist 
Church, Sanford, and former Chaplain of the Senate, as follows: 

"O Gracious God, with heads bowed, but with eyes wide-open to the wonders of Thy 
works, we thank Thee for wind and clouds, for early flowers which reveal in the opening 
faces the promise of spring. 

"But forbid, O God of the prophets, that here in this beautiful hall, we fail to face the 
fact that we have no need to go to Persia to find gulfs by which we tend to divide our- 
selves: Democrat— Republican; Senate— House; Legislative— Executive; privileged- 
poor; not to mention ethnic names. 

"Come close to us now, O God of all mercies, that we might come closer to each other, 
and thus may the fruits of our labor be a State where, indeed, the weak grow strong and 
the strong grow great. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
5, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

Without objection, on motion of Senator Odom from Mecklenburg County, the Chair 
grants permission for Senator Odom to approach the Well of the Senate. On motion of 
Senator Odom, the Chair grants courtesies of the floor to "Hugo, " the Charlotte Hornets 
basketball team mascot and appoints Senator Richardson and Senator Hartsell to escort 
"Hugo" to the Well of the Senate, where Senator Odom introduces "Hugo" to the mem- 
bership. The Chair extends courtesies of the gallery to members of the Charlotte Cham- 
ber of Commerce. Senator Odom extends an invitation from the Charlotte Chamber of 
Commerce to the membership of the Senate to attend a Charlotte Hornets basketball 
game on April 2. The Committee escorts "Hugo" from the Chamber. 

The Chair extends courtesies of the gallery to members of the Rotary International 
Group Study Exchange from Osaka, Japan: Shigeo Matsuoka (team leader) , Yoshitaka 
Matsumoto, Keizo Mizomoto, Keiichi Nishimura, Mire Sugino, and Tetsuji Tanigawa. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sherron for the State Personnel and State Government Committee : 

S. B. 68, a bill to exempt the State Ports Authority from the provisions of Chapter 143 
of the General Statutes in the selection of architects, engineers, and other professional 
consultants where the fee for such services is less than thirty thousand dollars, with a 
favorable report, as amended. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S. B. 73, a bill to call an advisory referendum in Northampton County on the issue of 
hosting a hazardous waste facility, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Environment and Natural 
Resources Committee. 



March 6, 1991 



112 SENATE JOURNAL [Session 

S.B. 148, a bill to clarify that the production of crops, fruits, vegetables, ornamental 
and flowering plants, etc., is a bona fide farm purpose in the zoning statutes, with a 
favorable report. 

H. B. 76, a bill to amend the City of Greensboro Charter regarding initiative elections, 
rewards, and settlement of claims, with a favorable report. 

H.B. 85, a bill to authorize Currituck County to establish noise districts and to regu- 
late noise within those districts, with a favorable report. 

H.B. 88, a bill to exempt the City of Laurinburg from certain zoning notice require- 
ments, with a favorable report. 

By Senator Murphy for the Human Resources Committee: 

S.B. 158, a bill to require that the Department of Human Resources study the current 
reimbursement system for domiciliary homes and recommend changes, with a favorable 
report. 

S.B. 161, a bill to require that the Department of Human Resources complete staff 
review of local negative actions within sixty days, with a favorable report. 

S.B. 81, a bill requiring that the North Carolina Medical Care Commission and the 
Social Services Commission draft rules containing State standards for special care units 
in nursing homes and rest homes for Alzheimer's and related dementia patients and that 
these Commissions make a report to the Study Commission on Aging, with a favorable 
report, as amended. 

S.B. 164, a bill to require that domiciliary home cost reports be certified, with a favor- 
able report, as amended. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Odom: 

S.B. 209, a bill to clarify the issuance of fictitious drivers licenses and registration 
plates and to create a confidential registration file. 
Referred to Transportation Committee. 

By Senators Odom and Bryan: 

S.B. 210, a bill to make the State income tax refund period the same as the federal 
income tax refund period. 

Referred to Finance Committee. 

By Senators Daughtry, Bryan, and Pollard: 

S.B. 211, a bill to appropriate funds to the Tobacco Museum of North Carolina, Inc. , 
in Kenly for operating and capital expenses. 
Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 212, a bill to amend G.S. 7A-302 and G.S. 153A-149 to allow Mecklenburg 
County to appropriate tax funds to the Administrative Office of the Courts for a specified 
period of time to support the criminal justice system in Mecklenburg County. 

Referred to Judiciary II Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 



March 6, 1991 



1991] SENATE JOURNAL 113 

S.B. 131, a bill to allow the filing of an affidavit by the Secretary of Transportation or 
by an officer of the railroad to state an intention to preserve a railroad easement for future 
transportation purposes and negate the presumption of abandonment. 

On motion of Senator Goldston, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (49-1). 

Senator Daniel objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, March 7, for further consideration, upon third reading. 

S.B. 43 (Committee Substitute) , a bill to provide for automatic civil commitment of a 
defendant charged with a crime and found not guilty by reason of insanity, to shift the 
burden of proof to the defendant at subsequent hearings on release, and to make other 
changes in related procedures, as amended, upon third reading. 

Senator Sands offers Amendment No. 2. 

Senator Kincaid offers a motion that further consideration of the Committee Substitute 
bill, as amended, with Amendment No. 2 pending, be postponed until tomorrow, 
March 7. 

Senator Sands offers a substitute motion that the Committee Substitute bill, as 
amended, with Amendment No. 2 pending, be temporarily displaced. The Chair rules 
the substitute motion offered by Senator Sands out of order and the question becomes the 
motion offered by Senator Kincaid that the Committee Substitute bill, as amended, with 
Amendment No. 2 pending be postponed for further consideration until tomorrow, 
March 7, which motion fails to prevail (13-35). 

Amendment No. 2 offered by Senator Sands is adopted (43-5). 

The Committee Substitute bill, as amended, passes its third reading (48-0) and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 109 (Committee Substitute), a bill to clarify the prohibition against disclosing 
tax information, to modify the prohibition to permit the exchange of certain information 
between designated agencies, and to exclude information submitted on a master tax 
application form from the prohibition, upon third reading. 

Senator Daniel offers Amendment No. 1 which is adopted (46-0). 

The Committee Substitute bill, as amended, passes its third reading (46-0) and is 
ordered engrossed and sent to the House of Representatives. 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the report accompanying it, and take its place on the 
Calendar, as follows: 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife Com- 
mittee: 

S.B. 150, a bill to allow for the production and sale of fallow deer, with a favorable 
report, as amended. 

REPORT FROM THE JOINT LEGISLATIVE COMMISSION ON 
GOVERNMENTAL OPERATIONS 

Pursuant to G.S. 120-76(5), the Report from the Joint Legislative Commission on 
Governmental Operations is presented to the Senate. The Senate accepts the Report, 
which is ordered placed on file in the Legislative Library. (See Addendum). 

On motion of Senator Barnes, seconded by Senator Kaplan, the Senate adjourns at 
4:10 P.M. to meet tomorrow, March 7, at 1:30 P.M. 



March 6, 1991 



114 SENATE JOURNAL [Session 

TWENTY-SECOND DAY 

Senate Chamber, 
Thursday, March 7, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon Tyson, Minister of St. Luke United Methodist 
Church, Sanford, and former Chaplain of the Senate as follows: 

"O God, in Whom we trust, accept the celebration of a glad and grateful nation as our 
troops come marching home. With heads held high and with hearts lifted up, we praise 
Thee for protecting our sons and daughters while they have been in harm's way. 

"Have mercy upon their comrades and their enemies who have fallen in battle, and 
grant to sorrowing families and friends that peace which the world cannot give, neither 
can it take away. 

"Grant to the Members of the Senate a Divine Grace, whereby they may know those 
things which are worth knowing, to love those things worth loving, and to praise and 
promote those things that please the most. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
6, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Warren, who is attending 
the funeral of First Lieutenant Pat Olson, a constituent's son killed in the Persian Gulf 
War. First Lieutenant Olson was an OA - 10 pilot. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S . B . 145 , a bill to require a county to transfer the scrap tire fees received by the county 
to any unit of local government that operates the scrap tire disposal site, when a county 
designates a unit of local government other than that county to provide a site for the 
disposal of scrap tires, with an unfavorable report as to bill, but favorable as to Commit- 
tee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration and, on his further motion, the 
Committee Substitute bill is adopted. 

On motion of Senator Lee, the Committee Substitute bill is placed on the Calendar for 
Monday, March 11. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.J.R. 153, a joint resolution to commemorate the Sixtieth Anniversary of the North 
Carolina Banking Commission, with a favorable report. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 142, a bill to apply the requirement that plastic bags distributed at retail outlets 
have written notification of recyclability on the bag only to bags purchased by the retailer 



March 7, 1991 



1991] SENATE JOURNAL 115 

after January 1 , 1991 , with an unfavorable report as to bill, but favorable as to Commit- 
tee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 142 (Committee Substitute) , a bill to apply the 
requirement that plastic bags distributed at retail outlets have written notification of re- 
cyclability on the bag only to bags purchased by the retailer after 1 January 1991, is 
placed before the Senate for immediate consideration. 

On motion of Senator Tally, the Committee Substitute bill is adopted, and on her fur- 
ther motion, is placed on the Calendar for Monday, March 11. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Sherron: 

S. B. 213, a bill to remove certain land in Hammocks Beach State Park from the State 
Nature and Historic Preserve and the State Parks System to allow the exchange of prop- 
erty for boundary management. 

Referred to State Personnel and State Government Committee. 

By Senator Sherron: 

S.B. 214, a bill concerning annexation of certain property by the Town of Holly 
Springs. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Warren, Martin of Pitt, Sherron, Plexico, and Cooper: 

S.B. 215, a bill to specify the allocation of funds appropriated for the East Carolina 

University School of Medicine for Medicare education. 

Referred to Finance Committee and, upon a favorable report, re-referred to the 

Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 32, a bill to reenact an act which expired January 1, 1991, which simplified the 
requirements for election day voter transfers. 
Referred to Election Laws Committee. 

H.B. 68, a bill to make the uniform management of Institutional Funds Act applica- 
ble to community foundation endowment funds administered by banks or trust compan- 
ies. 

Referred to Banks and Thrift Institutions Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 76 , a bill to amend the City of Greensboro Charter regarding initiative elections , 
rewards, and settlement of claims. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 85, a bill to authorize Currituck County to establish noise districts and to regu- 
late noise within those districts. 

The bill passes its second and third readings and is ordered enrolled. 



March 7, 1991 



116 SENATE JOURNAL [Session 

H.B. 88, a bill to exempt the City of Laurinburg from certain zoning notice require- 
ments. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 148, a bill to clarify that the production of crops, fruits, vegetables, ornamental 
and flowering plants, etc. , is a bona fide farm purpose in the zoning statutes, upon sec- 
ond reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, 
Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walk- 
er, Ward, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, March 11, for further consid- 
eration, upon third reading. 

S.B. 68, a bill to exempt the State Ports Authority from the provisions of Chapter 143 
of the General Statutes in the selection of architects, engineers, and other professional 
consultants where the fee for such services is less than thirty thousand dollars. 

On motion of Senator Block, consideration of the bill is postponed until Tuesday, 
March 12. 

S. J.R. 121, a joint resolution honoring the life and memory of Judge William Shakes- 
peare "Sandy" Harris Jr., former member of the General Assembly. 

Without objection, on motion of Senator Daniel, the joint resolution is taken up out of 
its regular order of business. 

On motion of Senator Daniel, consideration of the joint resolution is postponed until 
Monday, March 11. 

S.B. 130, a bill to authorize the Conference of Chief District Judges to adopt a sched- 
ule of park and recreation offenses that are waivable and adopt a schedule of fines and 
penalties for those that admit guilt or accept responsibility, as amended, upon third 
reading. 

Without objection, on motion of Senator Sands, the bill, as amended, is taken up out 
of its regular order of business. 

On motion of Senator Sands, further consideration of the bill, as amended, is post- 
poned until Tuesday, March 12. 

S.B. 81, a bill requiring that the North Carolina Medical Care Commission and the 
Social Services Commission draft rules containing State standards for special care units 
in nursing homes and rest homes for Alzheimer's and related dementia patients and that 
these Commissions make a report to the Study Commission on Aging. 

On motion of Senator Carpenter, consideration of the bill is postponed until Monday, 
March 11. 

S.B. 150, a bill to allow for the production and sale of fallow deer. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted. 

Senator Winner offers a motion pursuant to Rule 42, that the bill, as amended, be 
re-referred to the Finance Committee, which motion prevails. 

Pursuant to Rule 45.1, the Chair orders the bill, as amended, engrossed and subse- 
quently re-referred to the Finance Committee. 

S.B. 158, a bill to require that the Department of Human Resources study the current 
reimbursement system for domiciliary homes and recommend changes. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 



March 7, 1991 



1991] SENATE JOURNAL 117 

S.B. 161, a bill to require that the Department of Human Resources complete staff 
review of local negative actions within sixty days. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 164, a bill to require that domiciliary home cost reports be certified. 
On motion of Senator Walker, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (46-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S. J.R. 208, a joint resolution honoring the founders of the North Carolina Agricultur- 
al and Technical State University at Greensboro and urging the Governor to issue a proc- 
lamation recognizing the University's Centennial. 

Without objection, on motion of Senator Martin of Guilford, the joint resolution is 
read in its entirety. 

The joint resolution passes its second (45-0) and third readings and is ordered, with- 
out objection, on motion of Senator Martin of Guilford, sent to the House of Representa- 
tives by special messenger. 

Senator Martin of Guilford offers a motion to grant privileges of the floor to the Chan- 
cellor of North Carolina Agricultural and Technical State University, Edward B. Fort, to 
allow him to approach the Well of the Senate and address the membership , which motion 
prevails. 

The Chair appoints Senator Martin of Guilford, Senator Seymour, and Senator Shaw 
to escort Chancellor Fort to the Well of the Senate where he is recognized and briefly 
addresses the membership. 

S.B. 131 , a bill to allow the filing of an affidavit by the Secretary of Transportation or 
by an officer of the railroad to state an intention to preserve a railroad easement for future 
transportation purposes and negate the presumption of abandonment, as amended, upon 
third reading. 

Senator Block offers Amendment No. 2 which is adopted (45-0). 

The bill, as amended, passes its third reading (44-1) and is ordered engrossed and 
sent to the House of Representatives. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
2:33 P.M. to meet Monday, March 11, at 8:00 P.M. 



TWENTY-THIRD DAY 

Senate Chamber, 
Monday, March 11, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Marvin M. Ward, Senator from Forsyth County, as 
follows: 

"Our Heavenly Father, as we continue our work from week to week, we come again 
today knowing both joy and sorrow, achievement and failure, and a strange mixture of 
experiences both good and bad. Let us be acutely aware that we are a part of Your world 
and that we accept the privileges and the responsibilities that we are granted. These 
requests we make in Thy Name. Amen." 



March 11, 1991 



118 SENATE JOURNAL [Session 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, March 
7, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Carter, who is attending a 
special school session and to Senator Goldston. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Marvin: 

S. B. 216, a bill to include income tax offset as a remedy for the enforcement of child 
support. 

Referred to Judiciary II Committee and, upon a favorable report, re-referred to 
the Finance Committee. 

By Senators Tally, Plexico, and Perdue: 

S.B. 217, a bill to require the Department of Administration to have one full-time 
position for procurement of recycled products. 

Referred to State Personnel and State Government Committee. 

By Senator Kincaid: 

S.B. 218, a bill to increase the penalty for failing to apply for a motor vehicle title and 
to make technical changes to Article 3 of Chapter 20. 
Referred to Transportation Committee. 

By Senator Odom: 

S.B. 219, a bill to extend the corporate limits of the Town of Davidson. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Kaplan: 

S.B. 220, a bill to control the filling of vacant positions. 

Referred to State Personnel and State Government Committee. 

By Senators Sands and Goldston: 

S.B. 221, a bill to appropriate funds to the Department of Environment, Health, and 
Natural Resources to study the feasibility of establishing a State park on the Mayo River 
in Rockingham County. 

Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 222, a bill to appropriate funds to construct the Piedmont Agricultural Marketing 
and Processing Center in Guilford County. 
Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 223, a bill to authorize the Montgomery County Board of Education to convey 
certain property. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Tally and Raynor: 

S.B. 224, a bill to appropriate funds for the Myrover-Reese Fellowship Home sub- 
stance abuse facility. 

Referred to Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 



March 11, 1991 



1991] SENATE JOURNAL 119 

H.B. 12, a bill to update the reference to the Internal Revenue Code used to determine 
certain taxable income and tax exemptions. 
Referred to Finance Committee. 

H.B. 48 (Committee Substitute) , a bill to permit certain Radio Emergency Associated 
Citizens Teams (REACT) vehicles to activate amber lights while operating on the high- 
ways. 

Referred to Transportation Committee. 

H.B. 63, a bill to allow Burke, Randolph and Sampson Counties to name private 
roads. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 78 , a bill to clarify funeral benefits provided by all burial associations operating 
in North Carolina. 

Referred to Human Resources Committee. 

H.B. Ill, a bill to remove the sunset on the municipal participation in improvements 
to the State highway system. 

Referred to Transportation Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



House of Representatives 
March 7, 1991 



Mr. President: 



It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H.R. 107 "A HOUSE RESOLUTION TO ESTABLISH THE PROCE- 
DURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF 
GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA", the House of Rep- 
resentatives has elected the following persons to the Board of Governors of the University 
of North Carolina: 

Minority Race Category 
Barbara Wills-Duncan 
Ben Ruff in 

Women's Category 
Betty McCain 
Priscilla Taylor 

At-Large Category 
Charles Evans 
Alex Hall 
Joseph Stallings 
Pat Taylor 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

\ EXECUTIVE ORDER 

An Executive Order is received and presented to the Senate, read, and referred to 
committee, as follows: (See Appendix) 



March 11, 1991 



120 SENATE JOURNAL [Session 

Executive Order Number 134, Granting Special Readjustment Leave to Em- 
ployees of the State who have Served with the Nation's Armed Forces During the Persian 
Gulf Conflict. 

Referred to State Personnel and State Government Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 148, a bill to clarify that the production of crops, fruits, vegetables, ornamental 
and flowering plants, etc. , is a bona fide farm purpose in the zoning statutes, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Odom, Parnell, Plexico, Plyler, Pollard, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Tally, Ward, Warren, and 
Winner — 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 81, a bill requiring that the North Carolina Medical Care Commission and the 
Social Services Commission draft rules containing State standards for special care units 
in nursing homes and rest homes for Alzheimer's and related dementia patients and that 
these Commissions make a report to the Study Commission on Aging. 

On motion of Senator Carpenter, consideration of the bill is postponed until tomorrow, 
March 12. 

S. J.R. 121, a joint resolution honoring the life and memory of Judge William Shakes- 
peare "Sandy" Harris Jr., former member of the General Assembly. 

Senator Daniel offers Amendment No. 1 which is adopted (46-0). 

On motion of Senator Daniel, the text of the joint resolution is read in its entirety. 

On motion of Senator Daniel, the remarks of the Senators memorializing Judge 
William Shakespeare Harris, Jr., are spread upon the Journal as follows: 

Senator Daniel: 

"Mr. President, I would like to be recognized to speak on the resolution. Mr. Presi- 
dent, members of the Senate, as a young lawyer I had the privilege of starting my legal 
career under Judge "Sandy" Harris. I took and passed the Bar in the summer of 1976 
and Governor Hunt appointed Judge "Sandy" Harris" to the Bench in 1977. And one of 
the things that I remember most about Judge Harris as a young lawyer, was that he al- 
ways had time to stop in the process and help out a young lawyer; to offer constructive 
criticism where needed and also to give praise, Senator Simpson, when that was needed. 
And so I will say as far as his ability in bringing young lawyers along for whatever it's 
worth, I'm living proof. 

"Judge Harris loved the law but more than that he loved the process. The judicial 
process as well as the legislative process. He wasn't satisfied with being just a part of 
that process but he continually strived to make it better for those that were participating in 
it and for those that would follow behind him. I think that as a judge the most outstand- 
ing characteristics that Judge Harris displayed was his compassion. No matter where he 
met his fellow man, whether as a plaintiff or a defendant in a civil action, or even as a 
defendant in a criminal action, he always strove to temper his justice with mercy. And I 
reckon that's apropos because his name is William Shakespeare "Sandy" Harris, and we 
know in tempering his justice with mercy comes from the merchant in Venice, Senator 
Hyde, you are our authority on Shakespeare, and certainly Judge Harris strove to do 
that. 



March 11, 1991 



1991] SENATE JOURNAL 121 

"As Chief District Court Judge in Alamance County he was always supportive of those 
attorneys that chose to serve their State in the General Assembly. He was always quick to 
work the schedules so that you could be away from his court while serving in the General 
Assembly, because he, having been an attorney and a judge, knew what it was to try to 
run a law practice as well as serving your State in the General Assembly. His interest in 
politics began at a very, very early age. I guess you would say that he truly inherited it; it 
was in his blood. His great-great grandfather, Mr. President, was Alexander Mebane, 
Jr. He served in the Provincial Congress in 1776 and then served again in the Constitu- 
tional Convention in 1788 and 1789. And his great-great uncle, Josiah Turner, served 
in the House of Commons in 1852 and in the Constitutional Convention in 1875. But the 
one I hear most when I traipse around Alamance County, trying to get a vote here and 
there, is Mr. "Shake" Harris, William Shakespeare Harris, Sr. , who was the Postmas- 
ter of Mebane and also a Registrar there. He controlled one of the largest precincts, or 
the largest precinct in Alamance County, the famed Melville Precinct, where the Scotts 
hail from. And I reckon what made Mr. "Shake" such a full moving force there was that 
he knew when anyone moved, or a new resident came into the area. And being Registrar 
he made sure they could vote, and being a Democrat he made sure they could vote right. 

"He's come from a long line of public servants and he had committed his life to public 
service. You've already heard as a young man he was President of the UNC Young 
Democrats, and the Alamance County Young Democratic Club. For eight years he 
served with distinction as a member of the North Carolina House of Representatives and 
during that tenure here in the General Assembly he served as Chairman of the Rules 
Committee, he served as Vice-Chairman of Appropriations and he also served as a 
member of the Human Resources and Highway Safety Committees. Not only did he give 
his life to public service but he gave his time and energy to the quality of life of those 
around him. He participated in the Meals-On-Wheels program, the Kiwanis club, the 
Red Cross, the Graham Presbyterian Church, and these are just to name a few. 

"And so we take time to honor the life and memory of Judge "Sandy" Harris. And we 
also take time to express our sympathy to the family who is with us tonight, Mr. Presi- 
dent. Their loss is certainly our loss. His life was one filled with meaning and purpose, 
he left his mark on his county, he left his mark on his State, and most of all he left his 
mark on the hearts of all of those who knew him. I'm thankful that he left his mark on 
me, I'm thankful that the mark that he has left will live with the memories of us all. 

"Mr. President, at the appropriate time, I would ask that you do recognize his family 
members that are here in the Gallery with us tonight, we do have his wife Lou; we have 
his children, his two sons, Charles and Frank, as well as Charles' wife Lisa; we have his 
brother, Charles, also known as "Shake" Harris, and his wife Eleanor; and we have his 
niece Ms. Lennie Stout, and her husband Bob. And we also have a very dear friend, 
their other family, that I think also is in the Gallery and that is Judge William Creech. At 
the appropriate time I ask that you recognize them." 

Senator Speed: 

"Mr. President, I desire to speak on the Resolution. Members of the Senate, I knew 
Judge Harris best as a member of the North Carolina House. I served with him several 
terms, I think the statements of Senator Daniel are very appropriate. I knew him as a 
very compassionate man, a very hard working member of the House, and a person who 
made many friends. He did an outstanding job in serving his district in the North Caroli- 
na House and I think it's real appropriate that we honor him on this occasion. Thank 
you." 

Senator Hyde: 

"Mr. President, I rise to speak on the resolution. Mr. President, members of the 
Senate, I served in the House a number of years with "Sandy" Harris and I couldn't help 
but note the parallels. I cannot claim the many credits he has, but he served as I did in 
World War II in the United States Navy; he served his country, too, as a legislator; he 
served his State as a judge. He stood high among those members of the House while I 



March 11, 1991 



122 SENATE JOURNAL [Session 

was there and was respected by them all. I guess, too, I was attracted to him just by the 
mere accident of his name, or the fact that he had the name William Shakespeare and, 
as Senator Daniel pointed out, yes I do love and cherish Shakespeare, I even misqoute it 
occasionally. But "Sandy" Harris, I think, could' ve been easily a hero of any of Shakes- 
peare ' s plays . He stood for what he believed . He believed in this country , he believed in 
our form of government, he believed in this State, he believed in the Constitution and the 
Bill of Rights. And he spoke out for his people. He spoke even as one of Shakepeare's 
heroines in the play Othello, the beautiful, lovely Desdemona who had spoken to her 
husband to get an advancement of a friend. It didn't work that way, but she said to that 
friend, 'For I have spoken for you all my best and stood within the blank of his displea- 
sure for my free speech.' "Sandy" Harris stood for those principles and I honor his 
memory. Thank you, Mr. President." 

Senator Soles: 

"Mr. President I'd like to speak on the resolution. Mr. President, ladies and gentle- 
men of the Senate, Judge Harris, or as I like to call him, Representative Harris, "Sandy" 
Harris and I began our legislative careers together in 1969. I was in the House when 
several of you were over there and I'm sure that you remember with me that "Sandy" 
Harris was an outstanding legislator and a very competent, outstanding attorney. He 
had a quick legal mind, he was a fighter, but he was your friend. If he ever told you 
anything you could put it down and remember that what he had said was the truth and 
what he would stick with. I never had the opportunity to practice before him in court but 
he came back several times up here to see us while he was a judge and he would always 
invite me over. I ' m not real sure whether he wanted to get me where he could really crack 
the whip more than he could when we argued in the Legislature because before the judge I 
would have to tow the line as a lawyer practicing in his court; but he would always smile 
and wink and say 'Come on over and practice a little law before me and we'll learn 
together. ' I never had that opportunity but we will all miss him and I hope that all of you 
will join in this resolution at the appropriate time." 

The joint resolution, as amended, passes its second (47-0) and third readings and is 
ordered, without objection, on motion of Senator Daniel, sent to the House of Represen- 
tatives by special messenger without engrossment. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 50, an act to appoint a person to fill a vacancy on the State Board of Transporta- 
tion upon the recommendation of the President of the Senate. (Ch. 3) 

H.B. 76, an act to amend the City of Greensboro Charter regarding initiative elec- 
tions, rewards, and settlement of claims. (Ch. 4) 

H.B. 85, an act to authorize Currituck County to establish noise districts and to regu- 
late noise within those districts. (Ch. 5) 

H.B. 88, an act to exempt the City of Laurinburg from certain zoning notice require- 
ments. (Ch. 6) 

S. J. R. 208, a joint resolution honoring the founders of the North Carolina Agricultur- 
al and Technical State University at Greensboro and urging the Governor to issue a proc- 
lamation recognizing the University's Centennial. (Res. 5) 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 



March 11, 1991 



1991] SENATE JOURNAL 123 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 41, a bill to make technical changes to the Savings Institutions Law, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Staton, the Committee Substitute bill is placed on the Calendar 
for tomorrow, March 12. 

CALENDAR (Continued) 

S.B. 142 (Committee Substitute), a bill to apply the requirement that plastic bags 
distributed at retail outlets have written notification of recyclability on the bag only to 
bags purchased by the retailer after 1 January 1991. 

The Committee Substitute bill passes its second (44-0) and third readings and is or- 
dered sent to the House of Representatives. 

S.B. 145 (Committee Substitute), a bill to require a county to transfer the scrap tire 
fees received by the county to any unit of local government that operates the scrap tire 
disposal site, when a county designates a unit of local government other than that county 
to provide a site for the disposal of scrap tires. 

The Committee Substitute bill passes its second (45-0) and third readings and is or- 
dered sent to the House of Representatives. 

S.J.R. 153, a joint resolution to commemorate the Sixtieth Anniversary of the North 
Carolina Banking Commission. 

Without objection, on motion of Senator Staton, the text of the joint resolution is read 
in its entirety. 

The joint resolution passes its second (46-0) and third readings and is ordered sent to 
the House of Representatives. 

The President recognizes the following pages, representing the Girl Scouts of North 
Carolina, serving in the Senate this week: Brooke Bourdela't-Parks, Charlotte; Karry 
Davidson, Mocksville; Dianne Virginia Hall, Leicester; Christina Marie Harker, 
Cary; Robin Henderson, Greensboro; Jennifer Elizabeth Johnson, Denver; Crissy Kin- 
gery, Goldsboro; Katherine Lambert, Charlotte; Kelly Dyane Mance, Marion; Geor- 
gia P. Mitchell, Ahoskie; Flenna Owens, Hickory; Julie Michelle Patton, Denver; 
Carol Ann Short, Greenville; Tamela DeAnn Shelton, Fayetteville; Susan Stine, Clem- 
mons; Sara Stoltenberg, Franklin; Tiffany Swinson, Goldsboro; Ann Lenore Taylor, 
Lumberton; Lisa Thompson, Charlotte; and Cynthia Denise Willis, Ellenboro. 

RE-REFERRAL 

H. B. 48 (Committee Substitute) , a bill to permit certain Radio Emergency Associated 
Citizens Teams (REACT) vehicles to activate amber lights while operating on the high- 
ways. 

Senator Barnes offers a motion that the rules be suspended and the Committee Substi- 
tute bill be taken from the Transportation Committee and re-referred to the Rules 
and Operation of the Senate Committee, which motion prevails and the Chair so 
orders. 

On motion of Senator Barnes, seconded by Senator Marvin, the Senate adjourns at 
8:47 P.M. to meet tomorrow, March 12, at 3:00 P.M. 



March 11, 1991 



124 SENATE JOURNAL [Session 

TWENTY-FOURTH DAY 

Senate Chamber, 
Tuesday, March 12, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Ralph Hill, Minister of Goshen United Methodist 
Church, Newton Grove, as follows: 

"O Lord our God, Who hast proclaimed Thine eternal truth by the prophets and evan- 
gelists: Direct and bless, we beseech Thee, these persons of this Senate, who in this our 
generation speak where many listen and write what many read. Bless this Senate and all 
the rest of us here today with Thy guidance and with Thy wisdom, that we may do our 
part in making the heart of the people of this great State of North Carolina wise, its mind 
sound, and its will righteous. 

"We pray that Thou wilt bless these persons chosen by the people of this State, for 
Thou knowest them, their needs, their motives, their hopes, and their fears. O God, put 
Thine arm around them to give them strength, and speak to them to give them wisdom 
greater than their own. May they hear Thy voice and seek Thy guidance. 

"May they remember that Thou art concerned about what is said and done here, and 
may they have clear conscience before Thee, that they need fear no one. Bless each of us 
according to our deepest need, and use us for Thy Glory. We humbly ask in Your Holy 
Name. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
1 1 , has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Ballance and to Senator 
Goldston, who is attending a board meeting. 

ENROLLED RESOLUTION 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

S. J.R. 121, a joint resolution honoring the life and memory of Judge William Shakes- 
peare "Sandy" Harris Jr., former member of the General Assembly. (Res. 6) 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill which is read the first time and disposed of as follows: 

H.B. 117, a bill to increase fines in G.S. 113-135 for violation of rules adopted by the 
Marine Fisheries Commission or the Wildlife Resources Commission, as appropriate. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 41 (Committee Substitute) , a bill to make technical changes to the savings insti- 
tutions law. 

The Committee Substitute bill passes its second (44-0) and third readings and is or- 
dered sent to the House of Representatives. 



March 12, 1991 



1991] SENATE JOURNAL 125 

S.B. 68, a bill to exempt the State Ports Authority from the provisions of Chapter 143 
of the General Statutes in the selection of architects, engineers, and other professional 
consultants where the fee for such services is less than thirty thousand dollars. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S.B. 81, a bill requiring that the North Carolina Medical Care Commission and the 
Social Services Commission draft rules containing State standards for special care units 
in nursing homes and rest homes for Alzheimer's and related dementia patients and that 
these Commissions make a report to the Study Commission on Aging. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill passes its second reading (46-0). 

Senator Daniel objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, March 13, for further consideration, upon third reading. 

S.B. 130 , a bill to authorize the Conference of Chief District Judges to adopt a sched- 
ule of park and recreation offenses that are waivable and adopt a schedule of fines and 
penalties for those that admit guilt or accept responsibility, as amended, upon third read- 
ing. 

On motion of Senator Sands, consideration of the bill, as amended, is postponed until 
Tuesday, March 19. 

On motion of Senator Barnes, seconded by Senator Forrester, the Senate adjourns at 
3:33 P.M. to meet tomorrow, March 13, at 3:00 P.M. 



TWENTY-FIFTH DAY 

Senate Chamber, 
Wednesday, March 13, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Ralph Hill, Minister of Goshen United Methodist 
Church, Newton Grove, as follows: 

"O God our Father, Who Art in Heaven, we know that as we come before Thee that all 
our pretenses must fall away, for Thou knowest the very depth of our hearts, and every 
secret place in our minds . Thou knowest us , each one of us , by names and by our deeds . 
Turn our wondering hearts and minds once again to Thee. Forgive us for faults and 
failures, and set us free from them. Forgive, O Lord, our failure to apply to ourselves the 
standards of conduct we demand of others. Forgive our slowness to see the good in our 
brothers and sisters and to see the evil in ourselves. 

"Heavenly Father, bless us this day with Thy Holy Spirit and help us to discharge our 
duties faithfully and well. Ever sensitive to the hurting of our own feelings, may we be 
sensitive also to our grieving of Thy Holy Spirit when we give ourselves to the lesser loyal- 
ties and spend our time and our energies in that which is less than the highest and the 
best. 

"Give us strength to stand fearless before Thee, and help us to fully apply ourselves to 
being faithful servants who are ever ready to do Thy will in government and in our indi- 
vidual lives, that we may find our peace. Make Thy will plain to us, and give us courage 
to do it. We ask all this in Thy Most Holy and Precious Name. Amen." 



March 13, 1991 



126 SENATE JOURNAL [Session 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
12, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Royall, who is attending 
the National Conference of State Legislatures Leader-to-Leader meeting in Washing- 
ton, D.C. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 223, a bill to authorize the Montgomery County Board of Education to convey 
certain property, with a favorable report. 

H.B. 63, a bill to allow Burke, Randolph and Sampson Counties to name private 
roads, with a favorable report. 

S.B. 177, a bill to better preserve public cemeteries located outside the towns or cities 
or in the rural districts: (1) by requiring the Boards of County Commissioners to investi- 
gate public cemeteries reported as endangered and to oversee the protection of endan- 
gered public cemeteries and (2) by establishing a special proceeding to allow a person to 
obtain an order allowing entry onto the property of a landowner without the landowner's 
consent in order to restore, maintain, or visit an abandoned public cemetery, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill, 
which changes the title to read S.B. 177 (Committee Substitute) , a bill to amend Article 
10 of Chapter 65 to allow access to and maintenance of private graves and abandoned 
public cemeteries, is placed before the Senate for immediate consideration. 

On motion of Senator Lee, the Committee Substitute bill is adopted, and on his further 
motion is placed on the Calendar for tomorrow, March 14, for further consideration. 

By Senator Soles for the Judiciary I Committee: 

S.B. 136, a bill to extend the limited liability protection under the Trails System to 
landowners, units of government, trail developers, and trail maintainers, with an unfa- 
vorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for tomorrow, March 14, for further consideration. 

By Senator Sherron for the State Personnel and State Government Commit- 
tee: 

S.B. 122, a bill to define "Career State Employee" and to establish a different set of 
criteria for determining whether a State employee is subject to Chapter 126 of the General 
Statutes, with a favorable report, as amended. 

S.B. 220, a bill to control the filling of vacant positions, with a favorable report. 



March 13, 1991 



1991] SENATE JOURNAL 127 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S.B. 225, a bill to give local boards of education elected on a district basis similar 
power as cities to redistrict. 

Referred to Education Committee. 

Senator Smith offers a motion that Rule 40(c) be suspended to allow the introduction 
and referral to committee of the following joint resolution, which motion prevails by a 
two-thirds majority vote. 

By Senators Smith and Bryan: 

S.J.R. 226, a joint resolution memorializing Congress and the President of the United 
States to approve emergency supplemental appropriations to the unemployment insur- 
ance program for the 1991-92 fiscal year. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Basnight and Perdue: 

S.B. 227 , a bill to increase the maximum benefits which the insurance commissioner 
may authorize to be paid by certain fraternal benefit societies. 
Referred to Insurance Committee. 

By Senator Murphy: 

S.J.R. 228, a joint resolution honoring the life and services of Thomas Jackson 
White, Jr., former Member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Odom: 

S.B. 229, a bill to establish an advance disposal fee on containers that are not being 
recycled at a rate of fifty percent within this State. 

Referred to Environment and Natural Resources Committee and, upon a fa- 
vorable report, re-referred to the Finance Committee. 

By Senator Odom: 

S.B. 230, a bill to make the effective date of the law increasing death benefits for 
teachers and State employees the date of ratification of that Act. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Seymour and Martin of Guilford: 

S.B. 231, a bill concerning municipal elections in the City of High Point. 

Referred to Election Laws Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 175 (Committee Substitute), a bill to consolidate, clarify, and improve the 
statutes relating to railroad/motor vehicle safety. 
Referred to Transportation Committee. 

S.B. 46 (House Committee Substitute), a bill concerning disposition of property for 
local development in Catawba County, for concurrence in the House Committee Substi- 
tute bill, which is placed on the Calendar for tomorrow, March 14. 



March 13, 1991 



128 SENATE JOURNAL [Session 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 81, a bill requiring that the North Carolina Medical Care Commission and the 
Social Services Commission draft rules containing State standards for special care units 
in nursing homes and rest homes for Alzheimer's and related dementia patients and that 
these Commissions make a report to the Study Commission on Aging, as amended, upon 
third reading. 

Senator Carpenter offers a motion that the bill, as amended, be re-referred to the 
Appropriations Committee, which motion prevails. 

Pursuant to Rule 45.1, the Chair orders the bill, as amended, engrossed and re- 
referred to the Appropriations Committee. 

On motion of Senator Barnes, seconded by Senator Walker, the Senate adjourns at 
3:15 P.M. to meet tomorrow, March 14, at 3:00 P.M. 



TWENTY-SIXTH DAY 

Senate Chamber, 
Thursday, March 14, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Ralph Hill, Minister of Goshen United Methodist 
Church, Newton Grove, as follows: 

"O God, our Father, in Whom is our trust, Thou alone dost know the end from the 
beginning, and we, Thy children, must needs walk by faith. 

"We are anxious about the consequences of what we do. May that concern restrain us 
in our private lives as it does in our public duty. Strengthen our conviction that Thy Hand 
is upon us, to lead us and to use us in working out Thy purposes in the world. Even 
though we may not see the distant scene, let us be willing to take one step at a time and 
trust Thee for the rest. 

"Bless the members of this Body as they think together and work together in this 
Chamber, in committee rooms, and in their offices. Help them to stand up under the 
strains and the tensions of problems and decisions , of meetings and conferences , and the 
endless demands made upon them. Teach them how to relax and to take time to turn to 
Thee for guidance and for grace, and thus discover the secret of power. In Thy Name, 
we ask it. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
13, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Johnson; to Senator Roy- 
all, who is attending a National Conference of State Legislatures Leader-to-Leader 
meeting in Washington D. C. ; to Senator Hartsell, who is attending a school board meet- 
ing/public hearing; to Senator Winner, who is attending a public hearing in Asheville; to 
Senator Richardson, who is attending a redistricting public hearing in Charlotte; and to 
Senator Marvin, who is chairing a redistricting public hearing in Charlotte. 



March 14, 1991 



1991] SENATE JOURNAL 129 

The President extends courtesies of the floor to James D. McDuffie, former Senator 
from Mecklenburg County. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Perdue: 

S.B. 232, a bill to amend the Constitution to change the election of the Governor, 
Lieutenant Governor, and the rest of the Council of State to the nonpresidential even- 
numbered year, with six-year transitional terms to be filled by the 1992 elections. 

Referred to Constitution Committee. 

By Senators Perdue and Plexico: 

S.B. 233, a bill to amend the Constitution to provide for a gubernatorial veto. 

Referred to Constitution Committee. 

By Senator Perdue: 

S.B. 234, a bill to permit regional solid waste management authorities to receive an- 
nual sales tax refunds. 

Referred to Finance Committee. 

By Senators Odom, Blackmon, Hartsell, and Richardson: 

S.B. 235, a bill to appropriate funds to provide fifteen additional assistant district 
attorneys for Mecklenburg County. 

Referred to Appropriations Committee. 

By Senators Cooper, Allran, Ballance, Barnes, Basnight, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Daniel, Daughtry, Forrester, Goldston, Hart- 
sell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richard- 
son, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner: 

S. J.R. 236, a joint resolution honoring the life and memory of James Earl "Jim" 
Ezzell, Jr., late Member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Marvin: 

S.B. 237, a bill to require employers to provide medical insurance coverage informa- 
tion in IV-D support cases. 

Referred to Insurance Committee. 

By Senators Carpenter, Plexico, and Bryan: 

S.B. 238, a bill to add a member to the State Advisory Council on Indian Education. 

Referred to State Personnel and State Government Committee. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



March 14, 1991 



130 SENATE JOURNAL [Session 

By Senator Soles for the Judiciary I Committee: 

S.B. 12, a bill making the administrative rule-making process more uniform by ap- 
plying the Administrative Procedure Act's rule-making provisions to all principal State 
departments, with a favorable report, as amended. 

S.B. 157, a bill to make changes to the laws governing administrative hearings and to 
repeal the sunset on the revised Administrative Procedure Act, with an unfavorable re- 
port as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 157 (Committee Substitute), a bill to make 
changes to the laws governing administrative hearings, is placed before the Senate for 
immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his fur- 
ther motion is placed on the Calendar for Monday, March 18, for further consideration. 

By Senator Hyde for the Constitution Committee: 

S.B. 71, a bill to amend the North Carolina Constitution to provide for the appoint- 
ment of appellate judges by the Governor, with the advice and consent of the General 
Assembly, and to authorize the General Assembly to provide a procedure to determine if 
judges so appointed should be retained in office, with a favorable report, as amended. 

On motion of Senator Hyde, the bill is placed on the Calendar for Tuesday, March 19, 
for consideration. 

S.B. 72, a bill to provide for appointment of appellate judges by the Governor subject 
to the advice and consent of the General Assembly, to provide for the reconfirmation of 
sitting judges by the General Assembly, and to provide for transitional and other provi- 
sions necessary to move from an elective to an appointive system, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Hyde, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Hyde, the Committee Substitute bill is placed on the Calendar 
for Tuesday, March 19, for further consideration. 

By Senator Daniel for the Finance Committee: 

S.B. 97, a bill to implement a master application system for business licenses and to 
appropriate funds to the Department of the Secretary of State to implement the master 
application system, with a favorable report. 

On motion of Senator Daniel, the bill is re-referred to the Appropriations Com- 
mittee. 

H. B. 24, a bill to consolidate the laws concerning reports by the Department of Reve- 
nue, with a favorable report. 

H.B. 50, a bill to make technical changes to the property tax statutes, with a favor- 
able report. 

S.B. 56, a bill to authorize the City of Greensboro to levy a room occupancy and 
tourism development tax, with a favorable report, as amended. 

On motion of Senator Daniel, the bill is placed on the Calendar for Tuesday, March 
19, for consideration. 

S.B. 101 , a bill to authorize the City of Greensboro to levy a motor vehicle tax not to 
exceed ten dollars, with a favorable report, as amended. 

S.B. 90, a bill to provide for a ninety-day period of time for the renewal of drivers 
licenses, to waive the civil penalty for lapsed liability insurance, and to waive the service 



March 14, 1991 



1991] SENATE JOURNAL 131 

charge for reregistration of a vehicle of military personnel deployed in support of "Opera- 
tion Desert Shield" or "Operation Desert Storm", as amended, with an unfavorable re- 
port as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Daniel, the Committee Substitute bill is placed on the Calendar 
for Monday, March 18, for further consideration. 

S.B. 128, a bill to provide for the systematic review of property exempted or excluded 
from property taxation and to allow property that was erroneously exempted or excluded 
to be treated as discovered property, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Daniel, the Committee Substitute bill is placed on the Calendar 
for Monday, March 18, for further consideration. 

By Senator Walker, Vice-Chairman for the Human Resources Committee: 

S.B. 165, a bill to provide for the Department of Human Resources, Division of Ag- 
ing, to administer a Home and Community Care Block Grant for older adults, with a 
favorable report, as amended. 

On motion of Senator Walker, the bill is placed before the Senate for immediate con- 
sideration and, on his further motion, Committee Amendment No. 1 is adopted. 

Pursuant to Rule 45.1, the Chair orders the bill, as amended, engrossed and re- 
referred to the Appropriations Committee. 

S.B. 120, a bill to annually adjust the Aid to Families with Dependent Children to 
reflect any change in the cost of living, with a favorable report. 

On motion of Senator Walker, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 102, a bill to require that the Department of Human Resources report changes in 
domiciliary home regulating, licensing, and monitoring to the North Carolina Study 
Committee on Aging, with a favorable report. 

On motion of Senator Walker, the bill is re-referred to the Finance Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 13 (Committee Substitute), a bill to eliminate the franchise tax initial return 
and to increase the minimum franchise tax. 
Referred to Finance Committee. 

H.B. 156, a bill to authorize the City of Winston-Salem to pass an ordinance prohib- 
iting the possession of malt beverages or unfortified wine on public property. 
Referred to Alcoholic Beverage Control Committee. 

H.B. 166, a bill to prohibit hunting from the right-of-way of a portion of State Road 
1401 in Craven County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



March 14, 1991 



132 SENATE JOURNAL [Session 

H.B. 194, a bill to allow the Elizabeth City-Pasquotank County airport authority to 
enter into a lease with a fixed base operator. 

Referred to Local Government and Regional Affairs Committee. 

RE-REFERRAL 

S.B. 73, a bill to call an advisory referendum in Northampton County on the issue of 
hosting a hazardous waste facility. 

Senator Ballance offers a motion that the rules be suspended and the bill be taken from 
the Environment and Natural Resources Committee and recommitted to the 
Local Government and Regional Affairs Committee, which motion prevails. 

The Chair orders the bill re-referred to the Local Government and Regional 
Affairs Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 223, a bill to authorize the Montgomery County Board of Education to convey 
certain property. 

The bill passes its second and third readings and is ordered sent to the House of Repre- 
sentatives. 

H.B. 63, a bill to allow Burke, Randolph and Sampson Counties to name private 
roads. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 46 (House Committee Substitute), a bill concerning disposition of property for 
local development in Catawba County, for concurrence in the House Committee Substi- 
tute bill. 

The Senate concurs in the House Committee Substitute bill (41-0) and the House 
Committee Substitute bill is ordered enrolled. 

S.B. 122, a bill to define "Career State Employee" and to establish a different set of 
criteria for determining whether a State employee is subject to Chapter 126 of the General 
Statutes. 

On motion of Senator Sherron, consideration of the bill is postponed until Tuesday, 
March 19. 

S.B. 136 (Committee Substitute) , a bill to extend the limited liability protection under 
the Trails System to landowners, units of government, trail developers, and trail main- 
tainers. 

Senator Odom offers Amendment No. 1 which is adopted (42-1). 

The Committee Substitute bill, as amended, passes its second (43-0) and third read- 
ings and is ordered engrossed and sent to the House of Representatives. 

S.B. 177 (Committee Substitute), a bill to amend Article 10 of Chapter 65 to allow 
access to and maintenance of private graves and abandoned public cemeteries. 

The Committee Substitute bill passes its second (41-0) and third readings and is or- 
dered sent to the House of Representatives. 

S.B. 220, a bill to control the filling of vacant positions. 

On motion of Senator Kaplan, the bill is re-referred to the Appropriations Com- 
mittee. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
3:35 P.M. to meet Monday, March 18, at 8:00 P.M. 



March 14, 1991 



1991] SENATE JOURNAL 133 

TWENTY-SEVENTH DAY 

Senate Chamber, 
Monday, March 18, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, in the last two weeks, television has brought us scene after scene of fami- 
lies being reunited as our troops come home from the Gulf. 

"These images remind us of a saying that we need to remember, especially now — that 
'tough times never last, but strong people do. ' Our armed forces are proof positive of the 
truth found in this statement. 

"Remind all in this Senate, Father, that they are made of the same stuff as those re- 
turning from the Gulf. While the challenges that lie before them are serious and demand- 
ing, give to each one here the personal conviction and fortitude to do their jobs to the best 
of their abilities, for the good of all North Carolinians. 

"For the strength we find in our relationship with You, Father, tonight and always, we 
are truly thankful. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, March 
14, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Seymour, Senator Ray- 
nor, and Senator Kaplan. 

INTRODUCTION OF BILL 

The following bill filed for introduction is presented to the Senate, read the first time, 
and disposed of as follows: 

By Senator Kaplan: 

S.B. 239, a bill to amend the mining permit requirements and to allow the mining 
commission to consider additional factors in granting or denying a mining permit. 
Referred to Environment and Natural Resources Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 4, a bill to provide that Sampson County is authorized to construct gas lines. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 34, a bill to increase the penalties for violations of the debt collection practices 
acts. 

Referred to Judiciary I Committee. 

H.B. 157 (Committee Substitute), a bill to amend the Charter of the City of Greens- 
boro with respect to fair housing. 

Referred to Judiciary I Committee. 

H.B. 172, a bill to resume electing the Tax Collector and County Accountant of 
Mitchell County. 

Referred to Local Government and Regional Affairs Committee. 



March 18, 1991 



134 SENATE JOURNAL [Session 

H.B. 197, a bill to allow the Town of Stallings to operate a contract post office. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 228, a bill to delay by three months the requirement that resident inspectors be 
assigned to commercial hazardous waste facilities. 

Referred to Environment and Natural Resources Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 101, a bill to authorize the City of Greensboro to levy a motor vehicle tax not to 
exceed ten dollars, upon second reading. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 1, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Sands, Shaw, Sherron, Smith, Speed, Staton, Tally, Walker, Ward, Warren, and Win- 
ner — 43. 

Voting in the negative: Senator Royall — 1. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, March 19, for 
further consideration, upon third reading. 

S.B. 128 (Committee Substitute) , a bill to provide for the systematic review of proper- 
ty exempted or excluded from property taxation and to allow property that was erro- 
neously exempted or excluded to be treated as discovered property, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Pollard, Richardson, Royall, 
Sands, Shaw, Sherron, Smith, Speed, Staton, Tally, Walker, Ward, Warren, and Win- 
ner— 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, March 
19, for further consideration, upon third reading. 

H.B. 24, a bill to consolidate the laws concerning reports by the Department of Reve- 
nue, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin 
of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Rich- 
ardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, March 19, for further consid- 
eration, upon third reading. 

H.B. 50, a bill to make technical changes to the property tax statutes, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 



March 18, 1991 



1991] SENATE JOURNAL 135 

Voting in the affirmative : Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin 
of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Rich- 
ardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow , March 1 9 , for further consid- 
eration, upon third reading. 

S.B. 12, a bill making the administrative rule-making process more uniform by ap- 
plying the Administrative Procedure Act's rule-making provisions to all principal State 
departments. 

On motion of Senator Johnson, consideration of the bill is postponed until Tuesday, 
March 26. 

S.B. 90 (Committee Substitute), a bill to provide for a ninety-day period of time for 
the renewal of drivers licenses, to waive the civil penalty for lapsed liability insurance, 
and to waive the service charge for reregistration of a vehicle of military personnel 
deployed in support of "Operation Desert Shield" or "Operation Desert Storm." 

The Committee Substitute bill, passes its second (45-0) and third readings and is or- 
dered sent to the House of Representatives. 

S.B. 157 (Committee Substitute), a bill to make changes to the laws governing ad- 
ministrative hearings. 

The Committee Substitute bill passes its second (45 -1) and third readings and is or- 
dered sent to the House of Representatives. 

The President recognizes the following pages serving in the Senate this week: Caroline 
Christin Adkins, Rocky Mount; Derek Edward Baird, Raleigh; Raja Bala, Raleigh; 
Melanie Dawn Berthel, Eden; Ellis Boyle, Edenton; Ronald Gene Braswell, Jr. , Golds- 
boro; Karen LaRue Brinson, Kenansville; Kimberly Dawn Brinson, Alliance; Kimber- 
lyA. Champion, Louisburg; Barbara Crowley, Charlotte; Melanie R. Dixon, Grants- 
boro; Luke A. Duncan, Charlotte; Jennifer Carole Dunkley, Raleigh; Tammy Ford, 
Charlotte; Eugene E. Hoffman, Jr., Matthews; Christy Dawn Stevens, Jacksonville; 
Heather Graham McFadyen, Raleigh; Sean Barrett Watts, Youngsville; Sydnor Terry 
Withers, Wilmington; and Stanley Zeigler, Jr., Wilmington. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 46, an act concerning disposition of property for local development in Catawba 
County. (Ch. 7) 

S.B. 178, an act to exempt the Town of Madison from Article 8 of Chapter 143 of the 
North Carolina General Statutes for the purpose of extending water and sewer lines. 
(Ch. 8) 

H.B. 63, an act to allow Burke, Randolph and Sampson Counties to name private 
roads. (Ch. 9) 



March 18, 1991 



136 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 266, a joint resolution honoring the life and services of Thomas Jackson 
White, Jr., former member of the General Assembly. 

Without objection, on motion of Senator Murphy, the joint resolution is placed before 
the Senate for immediate consideration. 

The Chair directs the Reading Clerk to read the joint resolution in its entirety. 

Without objection, on motion of Senator Murphy, the remarks of members honoring 
Thomas Jackson White, Jr., former Senator from Lenoir County, are spread upon the 
Journal, as follows: 

Senator Murphy: 

"Thank you Mr. President and members of the Senate, I rise to speak in support of this 
resolution. I am both honored and humbled to speak of such a fine former member of 
both Houses of the North Carolina General Assembly. 

"The Honorable Thomas Jackson White was a native of Cabarrus County, but he was 
also a long-time citizen of Lenoir County. He was educated at North Carolina State 
University and the Law School of University of North Carolina at Chapel Hill. For six 
decades, he was recognized as one of North Carolina's most distinguished attorneys for 
which he received many honors. Thomas J. White, while serving in both houses of the 
Legislature held some the State's most vital positions during most critical times. In this 
Body he served as Chairman of the Senate Finance Committee, the Senate Appropri- 
ations Committee; and the Advisory Budget Commission. As a member of the Board of 
Governors of the University System, and its planning Committee, he played a major part 
in building the System in its present united status. Tonight, I must mention that one of 
his most enduring monuments is the State Legislative Building that surrounds us at this 
moment. He played a major role in lobbying for, gaining the appropriations, and plan- 
ning and the construction of this Building. But, even more dear to his heart, was our 
North Carolina Museum of Art building. He served as Chairman of the Commission to 
seek both public and private funds to establish, as well as plan, and bring about its con- 
struction. 

"Thomas J. White was a man with a sharp mind that could analyze a problem in a 
moment. He was an able advocate that made him a stalwart friend or a formative foe. 
Whether before the General Assembly in his office or on the street, he was a man of 
dignity, grace, and humility. Thomas Jackson White is a legislative legend. He was one 
of a few of us who actually made a difference. He really helped make North Carolina a 
better place to call home. His presence here and his service to this great State will be felt 
by future generations. He befriended many — I know first-hand. He encouraged me in 
every way. I frequently sought his advice, and he always had time to share his wealth of 
experience. His resourceful insight in the State government was tremendous. Senator 
Thomas White was loyal to his beloved family which is here tonight. His wife, Virginia 
Edwards White, their four children, Thomas Jackson White III, Isabel White Davis, 
Virginia White Poison, and Sarah Ellen White Archie; and there are other members of 
the family, also. Mr. President, at the appropriate time I would ask that you would 
recognize them and extend the appropriate courtesies. 

"Yes, Thomas J. White was a loyal man. Loyal to his profession, loyal to his constit- 
uents, loyal to his State and Nation, loyal to his church and loyal to God. Again, I am 
humbled and honored to encourage the passage of this resolution honoring the life of a 
legendary legislator, Thomas Jackson White, Jr. Thank you." 

Senator Soles: 

"Mr. President, ladies and gentlemen of the Senate, the early English poet John Mil- 
ton started his public career and his literary career as a very young man. Unfortunately, 
by the time he was reaching his middle years, he had become totally blind; and, in 
writing on his blindness, he said, 'they also serve who only stand and wait.' 



March 18, 1991 



1991] SENATE JOURNAL 137 

"Tom White served, but he never considered standing and waiting on anyone to do 
anything. He took leadership role in everything he did. When he went about doing the 
things he thought needed to be done , he wanted them done in the best manner they could , 
and he wanted the best for everyone. I say to you that this Legislative Building is one of 
those examples of the best. When it was built, it was the best. We have outgrown it not 
because of poor planning, but because of mushrooming State government. He encour- 
aged and got the noted leading architect of the time, Edward Durrell Stone, who came 
and designed this Building . And you can see Mr . Stone ' s and Tom White ' s name on the 
placque at the front of the Building. He was always a leader, he was always a gentleman, 
he always had time to talk with you, but he always kept moving. 

"North Carolina is better by having Tom White to pass through, and we are better by 
having served with him. And when I say served with him, I know all of us feel like we 
have served with him, because Tom White has walked the halls day in and day out while 
I've been here over these many years, since 1969. His last term was 1968, I believe, but 
I feel as though I have served with him. I did have the opportunity to serve with him on 
the Board of Trustees of the consolidated University of North Carolina. He was a mover 
and shaker there as he was a mover and shaker in this Building. I appreciate the opportu- 
nity to have served with him, I appreciate the opportunity to have the honor of speaking in 
favor of this resolution." 

Senator Speed: 

"Members of the Senate, it was my pleasure and privilege to know Tom White for 
more than thirty years and it was certainly a blessing to me to know a person of that 
caliber. Tom was a man with a brilliant mind and a big heart. He could also be tough 
when it came to standing up for the things that he believed in. Few, if any, members of 
the General Assembly, have ever contributed so much as Tom to the government of our 
State. He had the foresight to meet the present and the future needs of North Carolina 
and exemplified this in the service that he rendered while serving as a member of the 
House and Senate. I knew Tom, of course, as a lobbyist, he was a very effective lobby- 
ist. He continued to hold his many friends and he had thousands of friends throughout 
North Carolina. It was certainly a blessing to North Carolina to have his service and his 
memory will be long remembered among us and his friendship continued to be cher- 
ished." 

Senator Perdue: 

"Senator Tom White was many things to many people as you've heard here already 
tonight. He was a fellow Senator to many of you on this floor. He was a great attorney 
for many of us who lived in the Kinston-Lenoir County area. He was a fine husband and 
he was a great father. A family man and a fellow Episcopalian. But to me, Tom White 
was the best of the very best, because he was my friend. 

"Five years ago when I decided to run for the General Assembly, or when I was think- 
ing about it, I can remember knowing right away who I needed to talk to. I got in my car 
on a rainy day in February and drove to Kinston and I was real scared because I had never 
met Senator Tom, this Eastern North Carolina legend. We sat in his office, in the mall, 
that cold afternoon for a couple of hours and we talked about our vision for North Caroli- 
na. I knew right then that I had met a true leader, a true public servant to this State. 
There were many days after I came to Raleigh that Senator Tom and I would continue 
that discussion about our vision for North Carolina. There were days we would argue 
and days we would laugh. But he was always there, just as Senator Murphy said, with 
good advice and solid wisdom. 

"Tom White represented to me the very, very best of this great State. He served others 
the way you would want to be served. He served with integrity, with sincerity, but most of 
all, with a great love for this State. He was more than a friend to you and to me, he was a 
friend for all North Carolina, and he is a person that we will long remember and love, 
and miss. Thank you." 



March 18, 1991 



138 SENATE JOURNAL [Session 

Senator Royall: 

"Ladies and gentlemen of the Senate, it's an honor and pleasure for me to speak on 
this resolution for one of the outstanding legislators of our time. Words are not adequate 
in my vocabulary to express what he meant to this great State. I had the pleasure of 
serving with Tom as a freshman legislator on what they called, in those days, a super 
subcommittee. And people ask me today why did you happen to stay in Appropriations? 
I said well Tom taught me one thing, 'if you didn't know what you were talking about 
don ' t open your mouth . ' And it was one of the greatest lessons I ' ve ever been taught and 
I haven't opened my mouth much since I've been here. 

"But the Building we are now in and our fine State Art Building are two of the great 
achievements he has done for this State. 

"Early in our tour on the Advisory Budget Commission, going around the State, I not- 
iced that Tom's likelihood of food was best suited for ice cream. So needless to say I 
never had another dish after I found that out on the trip. And every time he saw me he 
said, 'Have you got any ice cream for me today? ' He was one of the hardest working and 
most dedicated legislators I have ever known and what he has done for this State you 
cannot ever express. I express my deepest sympathy to his family and join you in this 
resolution." 

Senator Hyde: 

"Mr. President, members of the Senate, I hesitate to stand after all of these speeches 
have been made and I recognize the worth of them and the truth of them; but I'm bound 
to do so because I believe I'm the only one here who served with Tom White in this 
Senate in 1965. Now, many of you served afterwards. But that's going back twenty-six 
years, and he sat right across there, I believe, where Senator Winner sits and I sat here in 
this same seat twenty-six years ago. I remember that very much. 

"The reason I remember it so well is that on the first vote that was taken in this Senate 
that year , it was 48 to 2 and it was a standing vote ; we didn ' t have these things that you ' ve 
got now where you can press a button, you had to stand. Tom White was standing and I 
was standing. He recognized it, and I don't even remember what the vote was on. But he 
and I were together against 48 . Well , let me tell you what came out of that . Bob Scott was 
the Lieutenant Governor and was presiding. I was on the Finance Committee, Tom was 
the Chairman of Appropriations. He had the member from Union County to agree to get 
off Appropriations and had me put on it and then put me on the super subcommittee. If 
you don't know what the super sub was, that ran the State back in those days, pretty well. 
That was the kind of Senator that he was; that's the truth of what happened. 

"And down through the years, down through the months ahead, he worked with me on 
that and taught me , as he did Senator Royall , maybe not to keep my mouth shut , but not to 
speak too often unless I knew what I was talking about. In addition to that and working on 
the super subcommittee Tom also taught me as a young lawyer — and he was an older one ; 
he was the same age as my father— he taught me a lot about the law right on the floor of the 
Senate that I wouldn't have learned elsewhere. He taught me to be precise, to ask ques- 
tions about things, and that when I was satisfied then to go ahead with whatever I had. 

"Tom White probably epitomized more than any man I ever knew, the one thing that I 
appreciate in people, and that's loyalty. He was loyal to his family, to his State, to his 
Party, but most of all, he was true to himself; and that's what makes a real man. I 
suppose if I had to quote anything, to point out what Tom White was , I' d have to borrow it 
from Shakespeare's Julius Caesar, the last speech of Mark Anthony. And not to quote 
the whole thing but what he said in effect was that the man had stood honestly for the 
common good. And then he said, 'This was the noblest Roman of them all. His life was 
gentle and the [principles] were so mixed in him that Nature could stand up and say to all 
the World, "This was a man.'" Thomas Jackson White, Jr. was a man. I support this 
resolution." 

The joint resolution passes its second reading (39-0). In honor of the late Senator 
Thomas Jackson White, Jr. , the joint resolution passes its third reading with members 
standing, and is ordered enrolled. 



March 18, 1991 



1991] SENATE JOURNAL 139 

The Chair recognizes and extends courtesies of the Gallery to the family and friends of 
the late Thomas Jackson White, Jr. , former Senator from Lenoir County, including his 
widow, Virginia Edwards White, and four children, Thomas Jackson White III, Isabell 
White Davis, Virginia Turley Paulsen, and Sarah Ellen White Archie. 



APPOINTMENT OF 
SELECT COMMITTEE ON STATE HEALTH INSURANCE 

Senator Barnes appoints the following members to serve on the Select Committee 
on State Health Insurance: 

Senator Murphy (Chairman) 

Senators Perdue, Odom, Hunt, and Forrester. 

On motion of Senator Barnes, seconded by Senator Murphy, the Senate adjourns at 
9:18 P.M. in memory of Thomas Jackson White, Jr., former Senator from Lenoir 
County, to meet tomorrow, March 19, at 3:00 P.M. 



TWENTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, March 19, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Clyde Plexico, Hendersonville, father of Senator 
Plexico from Henderson County, as follows: 

"God of our fathers, we come into Your Presence with humble thanksgiving. We are 
thankful we can come and share publicly with You our concerns and our longings and to 
know that You hear and will respond. 

"Be with the members of this Senate, giving them divine directions. We long for these 
Senators to be open minded and caring men and women. Give them, we pray, the cour- 
age to care. 

"May Your Spirit hover over this place this day, and when the day has ended, may 
these servants of the people know that they have spent this day under Your guidance and 
are glad for today's spiritual urgings. 

"God of our fathers, thank You for accepting this prayer. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
18, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 



ENROLLED BILL 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

H.J.R. 266, a joint resolution honoring the life and services of Thomas Jackson 
White, Jr., former Member of the General Assembly. (Res. 7) 



March 19, 1991 



140 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Goldston for the Transportation Committee: 

S.B. 110, a bill to improve the administration of the taxes on motor fuels, special fuel, 
and motor carriers, and to temporarily restore the $40,000 cap on bonds that may be 
required of fuel distributors and suppliers, with a favorable report, as amended. 

On motion of Senator Goldston, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

Pursuant to Rule 45.1, the Chair orders the bill, as amended, engrossed and re- 
referred to the Finance Committee. 

S.B. 112, a bill to make annual special fuel reports due the same time as annual motor 
carrier reports and to make conforming changes to the motor carrier laws to facilitate 
annual motor carrier reports, with a favorable report, as amended. 

On motion of Senator Goldston, the bill is placed before the Senate for immediate 
consideration and, on his further motion Committee Amendment No. 1 is adopted. 

Pursuant to Rule 45.1, the Chair orders the bill, as amended, engrossed and re- 
referred to the Finance Committee. 

S.B. 20, a bill to reinstate the exemption for certain drivers licenses for public safety 
workers , with an unfavorable report as to bill , but favorable as to Committee Substitute bill . 

On motion of Senator Goldston, the rules are suspended and, the Committee Substi- 
tute bill, which changes the title to read S.B. 20 (Committee Substitute), a bill to rein- 
state the exemption from certain drivers licenses for volunteer firefighters, is placed 
before the Senate for immediate consideration. 

On motion of Senator Goldston , the Committee Substitute bill is adopted , and on his fur- 
ther motion is placed on the Calendar for tomorrow, March 20, for further consideration. 

By Senator Hunt for the Election Laws Committee: 

S.B. 139, a bill to allow Bessemer City to redistrict its residency wards to the extent 
permissible by federal constitutional and statutory provisions, so as to allow maximiza- 
tion of minority voting strength, with a favorable report. 

H.B. 32, a bill to re-enact an act which expired January 1, 1991, which simplified the 
requirements for election day voter transfers, with a favorable report. 

H.B. 112, a bill relating to the manner of filling vacancies in the Office of Register of 
Deeds of Edgecombe and Lincoln Counties, with a favorable report. 

H.B. 138, a bill to provide that in filling a vacancy in the Office of Sheriff of Edge- 
combe and Lincoln Counties, the County Board of Commissioners must appoint the 
nominee of the party executive committee of the vacating sheriff, with a favorable report. 

By Senator Sands for the Judiciary II Committee: 

S.B. 52, a bill to clarify the authority of law enforcement officers to arrest without a 
warrant for certain misdemeanors, with a favorable report, as amended. 

On motion of Senator Sands, the bill is placed on the Calendar for Monday, March 25. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 



March 19, 1991 



1991] SENATE JOURNAL 141 

By Senators Cochrane, Tally, and Marvin: 

S. B. 240, a bill to establish continuing education requirements for cosmetology teach- 
ers and to require adequate ventilation in shops and schools. 
Referred to Human Resources Committee. 

By Senators Staton and Johnson: 

S.B. 241, a bill to allow North Carolina Amateur Sports to use State trucks and vans 
for the State Games of North Carolina. 

Referred to State Personnel and State Government Committee. 

Senator Winner offers a motion that Rule 40(a) be suspended to allow the introduction 
and referral to committee of the following bill, which motion prevails by a two-thirds 
majority vote. 

By Senator Winner: 

S.B. 243, a bill to make appointments to public office upon the recommendation of 
the President Pro Tempore of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 101, a bill to authorize the City of Greensboro to levy a motor vehicle tax not to 
exceed ten dollars, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 56, a bill to authorize the City of Greensboro to levy a room occupancy and 
tourism development tax, upon second reading. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 49, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 49. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, March 20, for 
further consideration, upon third reading. 

S.B. 128 (Committee Substitute) , a bill to provide for the systematic review of proper- 
ty exempted or excluded from property taxation and to allow property that was erro- 
neously exempted or excluded to be treated as discovered property, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 



March 19, 1991 



142 SENATE JOURNAL [Session 

Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Mar- 
tin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, 
Richardson, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H. B. 24, a bill to consolidate the laws concerning reports by the Department of Reve- 
nue, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 50, a bill to make technical changes to the property tax statutes, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Mar- 
tin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner— 47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 71, a bill to amend the North Carolina Constitution to provide for the appoint- 
ment of appellate judges by the Governor, with the advice and consent of the General 
Assembly, and to authorize the General Assembly to provide a procedure to determine if 
judges so appointed should be retained in office, upon second reading. 

On motion of Senator Hyde, Committee Amendments No. 1 and No. 2 are adopted. 

Senator Bryan offers Amendment No. 3 which fails of adoption (14-34). 

Receiving a three-fifths majority affirmative vote, the bill, as amended, passes its 
second reading by roll-call vote, ayes 41, noes 6, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Guilford, Marvin, Odom, Par- 
nell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, Sands, Seymour, Sherron, 
Smith, Soles, Speed, Staton, Walker, Ward, Warren, and Winner— 41. 

Voting in the negative: Senators Ballance, Bryan, Kincaid, Richardson, Shaw, and 
Tally— 6. 

Without objection, the measure remains before the Senate for futher consideration 
upon third reading. Receiving a three-fifths majority affirmative vote, the bill, as 
amended, passes its third reading by roll-call vote, ayes 41, noes 6, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Guilford, Marvin, Odom, Par- 
nell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, Sands, Seymour, Sherron, 
Smith, Soles, Speed, Staton, Walker, Ward, Warren, and Winner — 41. 

Voting in the negative: Senators Ballance, Bryan, Kincaid, Richardson, Shaw, and 
Tally— 6. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 



March 19, 1991 



1991] SENATE JOURNAL 143 

S.B. 72 (Committee Substitute), a bill to provide for appointment of appellate judges 
by the Governor subject to the advice and consent of the General Assembly, to provide for 
the reconfirmation of sitting judges by the General Assembly, and to provide for transi- 
tional and other provisions necessary to move from an elective to an appointive system. 

Senator Bryan offers Amendment No. 1 and calls for the "ayes" and "noes" on the 
question. The call is sustained. 

Amendment No. 1 , offered by Senator Bryan, fails of adoption by roll-call vote, ayes 
13, noes 33, as follows: 

Voting in the affirmative: Senators Allran, Blackmon, Bryan, Carpenter, Carter, 
Cochrane, Daughtry, Forrester, Hartsell, Pollard, Raynor, Shaw, and Smith— 13. 

Voting in the negative: Senators Ballance, Barnes, Basnight, Block, Conder, Cooper, 
Daniel, Goldston, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Guilford, Marvin, 
Odom, Parnell, Perdue, Plexico, Plyler, Richardson, Royall, Sands, Seymour, Sher- 
ron, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and Winner — 33. 

The Committee Substitute bill passes its second (34-12) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 122, a bill to define "Career State Employee" and to establish a different set of 
criteria for determining whether a State employee is subject to Chapter 126 of the General 
Statutes. 

On motion of Senator Johnson, Committee Amendment No. 1 is adopted. 

Senator Johnson offers Amendment No. 2 which is adopted (42-0). 

The bill, as amended, passes its second (37-7) and third readings is ordered engrossed 
and sent to the House of Representatives. 

S.B. 130 , a bill to authorize the Conference of Chief District Judges to adopt a schedule 
of park and recreation offenses that are waivable and adopt a schedule of fines and penal- 
ties for those that admit guilt or accept responsibility, as amended, upon third reading. 

The bill, as amended, passes its third reading (45-0) and is ordered engrossed and 
sent to the House of Representatives. 



WITHDRAWAL FROM COMMITTEE 

S.B. 102, a bill to require that the Department of Human Resources report changes in 
domiciliary home regulating, licensing, and monitoring to the North Carolina Study 
Committee on Aging. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and placed on the Calendar for tomorrow, March 20, for 
consideration, which motion prevails. 

The Chair orders the bill placed on the Calendar for tomorrow. 

On motion of Senator Barnes, seconded by Senator Plexico, the Senate adjourns at 
4:56 P.M. to meet tomorrow, March 20, at 3:00 P.M. 



TWENTY-NINTH DAY 



Senate Chamber, 
Wednesday, March 20, 1991. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



March 20, 1991 



144 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Clyde Plexico, Hendersonville, as follows: 

"Our Heavenly Father, we approach Your throne of grace with the assurance of Your 
Listening Ear to our confessions and adorations. 

"Accept our adorations, but empower us with Your Spirit that our words, our actions, 
our lives, will continue to improve in Your Likeness as we deal with human problems. 
Help us to evaluate our daily work, bringing forth greater and truer adoration. 

"Confession, O God, is never easy. Yet, we know we need to confess our failings and 
our doubts and even our successes. We need to look at our selves as we really are, con- 
fess to You our inner confusions, our tugging doubts. When we have confessed give us 
greater faith to try harder and give us stronger inner energy to meet the demands of the 
day. 

"Thank You, Father, for Your Listening Ear to this prayer. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
19, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 4, a bill to provide that Sampson County is authorized to construct gas lines, 
with a favorable report. 

H.B. 197, abilltoallowtheTownof Stallings to operate a contract post office, with a 
favorable report. 

S.B. 190, a bill to incorporate the Town of Momeyer in Nash County, with an un- 
favorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration and, on his further motion, the 
Committee Substitute bill is adopted. 

On motion of Senator Lee, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.B. 173, a bill to change the membership of the Joint Legislative Commission on 
Future Strategies for North Carolina, with a favorable report. 

On motion of Senator Winner, the bill is placed on the Calendar for Monday, March 

25. 

S.B. 189, a bill to provide that the authority of the President Pro Tempore of the Sen- 
ate and the Speaker of the House of Representatives concerning the Joint Legislative 
Commission on Governmental Operations is the same, with a favorable report. 

On motion of Senator Winner, the bill is placed on the Calendar for Monday, March 
25. 

S.J.R. 236, a joint resolution honoring the life and memory of James Earl "Jim" 
Ezzell, Jr., late Member of the General Assembly, with a favorable report. 

On motion of Senator Winner, the joint resolution is placed on the Calendar for 
Monday, March 25. 



March 20, 1991 



1991] SENATE JOURNAL 145 

S.B. 243, a bill to make appointments to public office upon the recommendation of 
the President Pro Tempore of the Senate, with a favorable report. 

On motion of Senator Winner, the bill is placed on the Calendar for Monday, March 
25. 

By Senator Conder for the Education Committee: 

S.B. 225, a bill to give local boards of education elected on a district basis similar 
power as cities to redistrict, with a favorable report. 

On motion of Senator Conder, the bill is placed on the Calendar for Tuesday, March 
26. 

By Senator Daniel for the Finance Committee: 

S.B. 103, a bill to clarify Subchapter S Corporation loss carry forwards, with a favor- 
able report. 

Pursuant to Rule 41.1, on motion of Senator Daniel, the bill is re-referred to the 
Ways and Means Committee. 

S.B. 104, abillto eliminate a taxpayer's deduction for certain contributions of land or 
crops to account for tax credits allowed for the same contributions, with a favorable 
report. 

S.B. 205 , a bill to repeal the sunset provision for the utility regulatory fee statute , with 
a favorable report. 

S.B. 167, abillto authorize Clay, Graham, and Swain Counties to collect certain fees 
in the same manner as ad valorem taxes, with a favorable report, as amended. 

It is noted that the Honorable Marc Basnight, Senator from Dare County, serves as 
Reading Clerk for a portion of today's Session. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Conder and Plyler: 

S.B. 242, a bill to redistrict the Montgomery County Board of Education. 

Referred to Education Committee. 

By Senator Staton: 

S.B. 244, a bill to provide for a referendum in November 1992 to amend the Constitu- 
tion to provide for a gubernatorial veto requiring a three-fifths vote to override. 
Referred to Constitution Committee. 

By Senator Soles: 

S.B. 245, a bill to enhance the enforcement provisions of the North Carolina Securi- 
ties Act and the Investment Advisers Act. 
Referred to Judiciary I Committee. 

By Senators Odom, Blackmon, and Hartsell: 

S.B. 246, a bill to create the Educational Facilities Research Laboratory and to ap- 
propriate funds for that purpose. 

Referred to Appropriations Committee. 

By Senators Odom, Ballance, and Blackmon: 

S.B. 247, a bill to appropriate funds to the School Boards of Mecklenburg and Bertie 
County School Systems for pilot programs "Uplift." 
Referred to Appropriations Committee. 



March 20, 1991 



146 SENATE JOURNAL [Session 

By Senators Block and Warren: 

S.B. 248 , a bill to increase the benefits of the Law Enforcement Officers ' , Firemen ' s , 
Rescue Squad Workers', and Civil Air Patrol Members' Death Benefits Act. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 249, a bill to remove the limit on the payment for emergency road service pro- 
vided by motor clubs in North Carolina. 
Referred to Insurance Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H. B. 8, a bill to improve the administration of the Highway Trust Fund and to make 
technical changes to the laws affected by the Highway Trust Fund. 
Referred to Finance Committee. 

H. B. 180, a bill to increase to one thousand dollars or more the amount for which the 
following offenses are designated felonies rather than misdemeanors and to make con- 
forming changes: worthless checks, larceny of property, receipt of stolen goods, fraudu- 
lent attempt to obtain food stamps. 

Referred to Judiciary II Committee. 

H . B . 208 , a bill to allow the Parole Commission to require parolees to continue pursu- 
ing general education development degrees as a condition of parole. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

H. B. 215 (Committee Substitute) , a bill to modify the statutes governing the Cumber- 
land Memorial Auditorium Commission. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 56, a bill to authorize the City of Greensboro to levy a room occupancy and 
tourism development tax, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Raynor, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 139, a bill to allow Bessemer City to redistrict its residency wards to the extent 
permissible by federal constitutional and statutory provisions, so as to allow maximiza- 
tion of minority voting strength. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 



March 20, 1991 



1991] SENATE JOURNAL 147 

The President recognizes Senator Block, who announces that the 1991 Azalea Prin- 
cess and members of the Azalea Court are at the door of the Senate. The President 
grants courtesies of the floor to the Azalea Princess and members of the Azalea Court and 
appoints Senator Block, from New Hanover County, to escort them to the Well of the 
Senate. Senator Block introduces the Azalea Princess, Stacy Davis, and Azalea Belles, 
Schelli Donahue and Melissa Ricks to the membership. Miss Davis briefly addresses the 
membership and extends an invitation to attend the Azalea Festival, which is being held 
in Wilmington on April 1 1 -14th. Senator Block escorts the Azalea Princess and mem- 
bers of her Court from the Chamber. 



CALENDAR (Continued) 

H.B. 112, a bill relating to the manner of filling vacancies in the Office of Register of 
Deeds of Edgecombe and Lincoln Counties. 

The bill passes its second reading (46-0). 

Senator Cooper objects to the third reading of the measure, which remains on the Cal- 
endar for tomorrow, March 21, for further consideration, upon third reading. 

H.B. 138, a bill to provide that in filling a vacancy in the Office of Sheriff of Edge- 
combe and Lincoln Counties, the County Board of Commissioners must appoint the 
nominee of the party executive committee of the vacating sheriff. 

The bill passes its second reading (45-0) . 

Senator Cooper objects to the third reading of the measure, which remains on the Cal- 
endar for tomorrow, March 21, for further consideration, upon third reading. 

S.B. 20 (Committee Substitute), a bill to reinstate the exemption from certain drivers 
licenses for volunteer firefighters. 

The Committee Substitute bill passes its second (48-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 102, a bill to require that the Department of Human Resources report changes in 
domiciliary home regulating, licensing, and monitoring to the North Carolina Study 
Committee on Aging. 

Senator Richardson offers Amendment No. 1 , which is adopted (46-0) , changing the 
title to read S.B. 102, a bill to require that the Department of Human Resources report 
changes in domiciliary home regulating, licensing, and monitoring to the North Carolina 
Study Commission on Aging. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 32, a bill to re-enact an act which expired January 1, 1991, which simplified the 
requirements for election day voter transfers. 

The bill passes its second (48-0) and third readings and is ordered enrolled. 



RE-REFERRAL 

S.B. 5, a bill to restructure the budget process so as to assure more stable budgeting, 
by providing for use of the prior calendar year's collections as the revenue estimates, 
limiting use of reversions to one-time expenditures, providing for annual budgets, and 
streamlining the legislative process as a result. 

Senator Goldston offers a motion that the rules be suspended and the bill be taken from 
the State Personnel and State Government Committee and re-referred to the 
Finance Committee, which motion prevails. 

The Chair orders the bill re-referred to the Finance Committee. 



March 20, 1991 



148 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

H. B. 24, an act to consolidate the laws concerning reports by the Department of Rev- 
enue. (Ch. 10) 

H.B. 50, an act to make technical changes to the property tax statutes. (Ch. 11) 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the reports accompanying it, and takes its place on 
the Calendar, as follows: 

By Senator Sherron for the State Personnel and State Government Committee: 

S.B. 238, a bill to add a member to the State Advisory Council on Indian Education, 
with a favorable report, as amended. 

COMMITTEE APPOINTMENTS 

Senator Basnight, Chairman of the Appropriations Committee, announces the 
appointment of the following Senators to serve on an Ad Hoc Subcommittee to the 
Appropriations on Natural and Economic Resources Committee for the pur- 
pose of reviewing the highway budget and to advise and offer recommendations to the 
Appropriations on Natural and Economic Resources Committee: 

Senator Goldston (Chairman), 

Senators Smith, Lee, Seymour, and Plexico. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns at 
3:50 P.M. to meet tomorrow, March 21, at 3:00 P.M. 



THIRTIETH DAY 



Senate Chamber, 
Thursday, March 21, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Clyde Plexico, Hendersonville, as follows: 

"O God of the yesterdays, today, and the tomorrows, we bow our heads and hearts in 
Your Presence, grateful for our yesterdays, happy in our today, and anticipating our 
tomorrows. With Your Strength, shared with us, we came through our yesterdays in spite 
of upsets and disappointments, illnesses and detours. Today we are faced with innumer- 
able problems begging for solutions, which will affect our tomorrows. May Your Spirit 
help us to think on these things. 

"God, we know You are here today, offering Your guidance — willing to show the way. 
May these men and women representing the people of this State, lean on You, become 



March 21, 1991 



1991] SENATE JOURNAL 149 

aware of Your insight, and may they let You keep them steadfast in their duties, their 
obligations, their problem-solving, so that their tomorrows will be days of success and 
highways of achievement. 

"Knowing You are the God of tomorrow, as well as today, we ask this prayer of You. 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
20, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Walker, Senator Kaplan, 
Senator Johnson, and also to Senator Winner, who is meeting with North Carolina Con- 
gressmen about redistricting. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 32, an act to reenact an act which expired January 1, 1991, which simplified the 
requirements for election day voter transfers. (Ch. 12) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it and takes its place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

H.B. 228, a bill to delay by three months the requirement that resident inspectors be 
assigned to commercial hazardous waste facilities, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Royall: 

S.B. 250, a bill to amend the Constitution to change the composition of the State 
Board of Education, to make the Governor the Chairman of the State Board of Educa- 
tion, to make the Superintendent of Public Instruction an appointee of the State Board of 
Education, and to make corresponding statutory changes. 

Referred to Constitution Committee. 

By Senator Sherron: 

S.B. 251, a bill to allow State Mental Health, Mental Retardation, and Substance 
Abuse facilities and other State facilities to participate in group purchasing. 
Referred to Human Resources Committee. 

By Senator Sherron (by request): 

S.B. 252, a bill to increase the per diem for members of the Private Protective Services 
Board. 

Referred to Appropriations Committee. 

By Senator Smith: 

S.B. 253, a bill to make the records and information used in connection with the 
Department of Transportation's Bid Analysis and Management System and bid data and 
documentation confidential. 

Referred to Judiciary I Committee. 



March 21, 1991 



150 SENATE JOURNAL [Session 

By Senator Odom: 

S.B. 254 , a bill to provide for drivers license revocation for conviction of drug offense . 

Referred to Judiciary II Committee. 

By Senators Pollard, Allran, Basnight, Blackmon, Bryan, Carpenter, Carter, Coch- 
rane, Forrester, Hartsell, Hunt, Kincaid, Murphy, Perdue, Plexico, Raynor, Shaw, 
Simpson, Smith, and Tally: 

S. B. 255, a bill to allow an additional 180-day period for deployed armed forces per- 
sonnel to file tax returns , and to provide for interest to be paid by the State on refunds due 
these personnel from April 15 until the refund is paid. 

Referred to Finance Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Raynor, Ballance, Basnight, Conder, Daniel, Hunt, Martin of Pitt, Par- 
nell, Perdue, Speed, Staton, and Tally: 

S.B. 256, a bill to appropriate funds for the construction of a veterans cemetery to be 
established in the Seventh United States Congressional District. 

Referred to Appropriations Committee. 

By Senators Seymour, Richardson, Daniel, and Walker: 

S.B. 257, a bill to authorize the Department of Human Resources to issue provisional 
licenses for domiciliary homes and to establish certain appeals time limits. 
Referred to Human Resources Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 19 (Committee Substitute), a bill to provide an exemption for certain drivers 
licenses for public safety workers. 

Referred to Transportation Committee. 

H.B. 61, a bill to make technical changes to the revenue laws and related statutes. 
Referred to Finance Committee. 

H.B. 159 (Committee Substitute), a bill to prevent a municipal ordinance or policy 
diminishing water or sewer services to an annexed area within six months of notice of 
intent to consider annexation. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 247, a bill to provide for the establishment of a volunteer police auxiliary for the 
Mecklenburg County Police Department. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 263, a bill to authorize Anson, Montgomery, and Richmond Counties to enter 
into long-term contracts for disposal of solid waste. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 264, a bill to provide for the election of the Anson County Board of Education 
from seven single-member districts, with two at large. 
Referred to Education Committee. 

H.B. 265, a bill to raise the force account limit of Anson County. 
Referred to Local Government and Regional Affairs Committee. 



March 21, 1991 



1991] SENATE JOURNAL 151 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 167, a bill to authorize Clay, Graham, and Swain Counties to collect certain fees 
in the same manner as ad valorem taxes, upon second reading. 

On motion of Senator Daniel, the bill is recommitted to the Finance Committee. 

H.B. 4, a bill to provide that Sampson County is authorized to construct gas lines. 
The bill passes its second (41-0) and third readings and is ordered enrolled. 

H.B. 197, a bill to allow the Town of Stallings to operate a contract post office. 
The bill passes its second (41-0) and third readings and is ordered enrolled. 

H.B. 112, a bill relating to the manner of filling vacancies in the Office of Register of 
Deeds of Edgecombe and Lincoln Counties, upon third reading. 
The bill passes its third reading (42-0) and is ordered enrolled. 

H.B. 138, a bill to provide that in filling a vacancy in the Office of Sheriff of Edge- 
combe and Lincoln Counties, the County Board of Commissioners must appoint the 
nominee of the party executive committee of the vacating sheriff, upon third reading. 

The bill passes its third reading (43-0) and is ordered enrolled. 

S.B. 104, a bill to eliminate a taxpayer's deduction for certain contributions of land or 
crops to account for tax credits allowed for the same contributions, upon second reading. 

On motion of Senator Daniel, consideration of the bill is postponed until Wednesday, 
March 27. 

S.B. 205 , a bill to repeal the sunset provision for the utility regulatory fee statute , upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Lee, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Ward, and 
Warren — 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, March 25, for further consid- 
eration, upon third reading. 

S.B. 238, a bill to add a member to the State Advisory Council on Indian Education. 
On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly sub- 
mit reports which are placed on file in the Legislative Library, as follows: 

Pursuant to the 1989 Session Laws, Chapter 795, Section 28.2, The Report on the 
Comprehensive Study of North Carolina's Child Support Enforcement System is pres- 
ented to the Senate. The Senate accepts the Report, and it is ordered placed on file in the 
Legislative Library. (See Addendum) 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title together with the reports accompanying it and takes its place on the 
Calendar, as follows: 



March 21, 1991 



152 SENATE JOURNAL [Session 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 198, a bill to increase the processing fee forbad checks, with a favorable report. 

S.B. 34, a bill to abolish the use of the Rule of 78s as it pertains to installment loans 
secured by mobile homes, with an unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Staton, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 34 (Committee Substitute) , a bill to abolish the 
use of the Rule of 78s as it pertains to installment loans secured by real property or mobile 
homes, is placed before the Senate for immediate consideration. 

On motion of Senator Staton, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, March 25. 

On motion of Senator Barnes, seconded by Senator Richardson, the Senate adjourns 
at 3:25 P.M. to meet Monday, March 25 at 8:00 P.M. 



THIRTY-FIRST DAY 



Senate Chamber, 
Monday, March 25, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Lord of Strength and Compassion, the shadow that is cast by a mountain ahead often 
appears larger than the mountain itself. So many times we see that shadow and become 
discouraged, thinking the ability to climb the mountain is beyond our capabilities. In 
short, it shakes us up. 

"But the funny thing about shadows is that when the angle of the light changes, so does 
the size of the shadow. 

"Father, as this Body tackles the work that lies ahead, may they remember that if they 
look to You for guidance and perspective, the Light You shed on their work doesn't cast 
shadows, but instead sharply focuses on the road ahead that leads over that mountain. 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, March 
21, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for tonight to Senator Raynor, due to his wife's 
illness. 



REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
report accompanying them and take their place on the Calendar, as follows: 

By Senator Warren for the Travel, Tourism, and Cultural Resources Com- 
mittee: 

S.B. 87, a bill to authorize the Governor to appoint a "Composer-Laureate for the 
State of North Carolina," with a favorable report. 



March 25, 1991 



1991] SENATE JOURNAL 153 

S.B. 133, a bill to amend the definition of Park of the State Park System to include 
State resort areas, with a favorable report. 

On motion of Senator Warren, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 132, a bill to establish a North Carolina Park Authority to manage a park fund 
for land acquisition and capital projects at State parks, with a favorable report, as 
amended. 

On motion of Senator Warren, the bill is placed before the Senate for immediate con- 
sideration and, on his further motion, Committee Amendment No. 1 is adopted. 

Pursuant to Rule 45.1, the Chair orders the bill, as amended, engrossed and 
re-referred to the Finance Committee. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Allran: 

S.B. 258, a bill to provide that a person convicted of drug trafficking may not receive 
probation, a suspended sentence, good time, gain time, or early parole, and to require a 
representation from the district attorney that a defendant has rendered substantial assis- 
tance before the Court may consider a reduction of the defendant's mandatory prison 
term or fine for a drug trafficking conviction. 

Referred to Judiciary II Committee. 

By Senator Daniel: 

S.B. 259, a bill to provide an ethics code for public officers and employees. 

Referred to State Personnel and State Government Committee. 

By Senators Sands, Goldston, Ward, and Kaplan: 

S.B. 260, a bill to incorporate the Village of Tobaccoville, subject to a referendum, to 
amend the Charter of the City of King, and to authorize entry into and recordation of an 
agreement. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Block: 

S.B. 261, a bill to authorize the execution of judgments by private sale. 

Referred to Judiciary I Committee. 

By Senator Perdue: 

S.B. 262, a bill to regulate personnel records of Community College System em- 
ployees and related matters. 

Referred to Higher Education Committee. 

By Senator Perdue: 

S.B. 263, a bill to extend the property tax exclusion for historic preservation property 
to include land held as a site to which an historic building will be moved. 
Referred to Finance Committee. 

By Senators Plyler, Blackmon, Block, Conder, Goldston, Hartsell, Hunt, Hyde, Lee, 
Martin of Pitt, Marvin, Odom, Parnell, Perdue, Plexico, Pollard, Richardson, Sey- 
mour, Sherron, Smith, Speed, Tally, Walker, and Warren: 

S.B. 264, a bill to regulate the practice of dietetics/nutrition. 

Pursuant to Rule 42.3, the bill is ordered held as filed in the office of the Principal 
Clerk. 



March 25, 1991 



154 SENATE JOURNAL [Session 

By Senator Parnell: 

S.B. 265, a bill to appropriate two hundred million dollars of general obligation bonds 
of the State to provide funds, with any other available funds, for the construction of State 
prison facilities and youth services facilities. 

Referred to Appropriations Committee. 

By Senators Johnson, Allran, Ballance, Block, Bryan, Carpenter, Cochrane, Cond- 
er, Martin of Guilford, Marvin, Richardson, Sands, Seymour, Sherron, Staton, Tally, 
and Ward: 

S.B. 266, a bill to appropriate funds to provide State mandated vaccines without 
charge to physicians and other authorized health care providers. 

Referred to Appropriations Committee. 

By Senator Johnson: 

S.B. 267, a bill to enhance the educational requirements for certified public accoun- 
tants. 

Referred to Judiciary I Committee. 

By Senators Odom and Blackmon: 

S.B. 268, a bill to exempt from the highway use tax donations of motor vehicles to 
nonprofit organizations and gifts between relatives. 
Referred to Finance Committee. 

By Senator Goldston: 

S.B. 269, a bill to allow the Highway Fund to be reimbursed by the Highway Trust 
Fund for the amount of Highway Fund revenue used to match federal funds applied to a 
Highway Trust Fund project. 

Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 270, a bill to remove the career limitation for employer-approved educational 
leaves of absence. 

Referred to State Personnel and State Government Committee. 

By Senators Sands, Basnight, Blackmon, Block, Carpenter, Conder, Cooper, Da- 
niel, Forrester, Hunt, Johnson, Lee, Martin of Guilford, Odom, Plexico, Seymour, 
Simpson, Smith, Soles, Walker, Ward, and Warren: 

S.B. 271, a bill to provide funds to reimburse licensed private adoption agencies that 
make hard-to-place children's adoptions possible. 

Referred to Appropriations Committee. 

By Senators Speed, Basnight, Conder, Hunt, Martin of Pitt, Martin of Guilford, Par- 
nell, and Perdue: 

S.B. 272 , a bill to limit the liability of firemen and rescue squad workers responding to 
emergencies. 

Referred to Judiciary I Committee. 

By Senators Speed, Basnight, Conder, Hunt, Martin of Pitt, Martin of Guilford, Par- 
nell, and Perdue: 

S.B. 273, a bill to authorize the North Carolina State Firemen's Association to 
change its name and to hold property with a value in excess of forty thousand dollars. 

Referred to Judiciary I Committee. 

By Senator Daniel: 

S.B. 274, a bill to clarify the sale of surplus right-of-way by the Department of Trans- 
portation. 

Referred to Transportation Committee. 



March 25, 1991 



1991] SENATE JOURNAL 155 

By Senators Daniel, Allran, Carpenter, Conder, Cooper, Daughtry, Martin of 
Guilford, Marvin, Odom, Perdue, Plexico, Raynor, Richardson, Sands, Seymour, 
Staton, Ward, and Warren: 

S.B. 275, a bill to appropriate funds for nursing education and training programs. 

Referred to Appropriations Committee. 

By Senators Daniel, Allran, Carpenter, Cochrane, Conder, Cooper, Daughtry, 
Martin of Guilford, Marvin, Odom, Perdue, Plexico, Raynor, Richardson, Sands, 
Seymour, Smith, Staton, Ward, and Warren: 

S.B. 276, a bill to continue the Legislative Commission on Nursing. 

Referred to Appropriations Committee. 

By Senators Daniel, Allran, Carpenter, Cochrane, Conder, Cooper, Daughtry, 
Martin of Guilford, Marvin, Odom, Perdue, Plexico, Raynor, Richardson, Sands, 
Seymour, Smith, Staton, Ward, and Warren: 

S.B. 277, a bill to assist State agencies in filling vacancies within shortage occupa- 
tions, including nursing. 

Referred to State Personnel and State Government Committee. 

By Senators Daniel, Allran, Carpenter, Cochrane, Conder, Cooper, Daughtry, 
Martin of Guilford, Marvin, Odom, Perdue, Plexico, Raynor, Richardson, Sands, 
Seymour, Smith, Staton, Ward, and Warren: 

S.B. 278, a bill to provide for the implementation of programs to address the nursing 
shortage in North Carolina. 

Referred to Higher Education Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 75, a bill requiring that the North Carolina Medical Care Commission and the 
Social Services Commission draft rules containing State standards for special care units 
in nursing homes and rest homes for Alzheimer's and related dementia patients and that 
these commissions make a report to the Study Commission on Aging. 

Referred to Appropriations Committee. 

H.B. 217 (Committee Substitute), a bill to punish as a felony an assault committed 
with intent to kill or intent to inflict extremely serious injury. 
Referred to Judiciary II Committee. 

H.B. 243, a bill to provide that Davie County may prohibit issuance of a building 
permit to a delinquent taxpayer. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

A joint resolution on the Calendar is taken up and disposed of as follows: 

S.J.R. 236, a joint resolution honoring the life and memory of James Earl "Jim" 
Ezzell, Jr., late Member of the General Assembly. 

On motion of Senator Cooper, the rules are suspended and, with unanimous consent, 
the joint resolution is taken up out of its regular order of business. 

On motion of Senator Cooper, the joint resolution is read in its entirety. 

Without objection, the Chair orders the remarks of members honoring and memorial- 
izing the life and memory of James Earl "Jim" Ezzell, Jr., the late Senator from Nash 
County, spread upon the Journal, as follows: 



March 25, 1991 



156 SENATE JOURNAL [Session 

Senator Cooper: 

"Mr. President, fellow Members of the Senate, when you run for political office you do 
a lot of self-examination. You ask yourself questions and you have other people ask you 
questions. I was asked what was important to me in my life; and I thought and thought 
about that question and the answer I kept coming up with seemed rather trite . It was that 
I wanted to make a difference in this world. With the death of Jim Ezzell that desire to 
make a difference in this world no longer seems ordinary to me. It seems very meaningful 
and it seems very real because I look back on his life and I can say quite honestly and 
quite forthrightly that Jim Ezzell purely and simply made a difference. He was a man of 
strength, of love, of courage, of conviction, of grace. And I believe that his life was a 
living testament to all of those attributes. 

"I thought and thought about what to say tonight and I finally realized that words can't 
really describe what he meant to me and words can't really describe how he touched the 
lives of thousands of people in this State . I could show you . I could march into this room 
the thousands of kids that he ' s helped through legislation that he has helped get passed . I 
could march in here the hundreds of clients and friends that he's helped at no charge. I 
could march in here all of the people that went to his church who could give living testa- 
ments as to what Jim Ezzell meant to them. You could meet his family, who is here 
tonight. You could look at the laws that are on the books of the State of North Carolina 
that are there because of his hard work. And you could look at a lot of laws that aren't on 
the books that are there because of his stubbornness, and we're glad he had that stub- 
bornness. You could meet his friends and associates with whom he left his mark all over 
the State. And you know Jim had what he liked to call a 'physical inconvenience. ' And I 
could show you hundreds of people with 'physical inconveniences' who have been in- 
spired by the life and the courage of Jim Ezzell. 

"He triumphed over adversity and he won. He left his mark and he made a difference. 
You've heard a lot about the many accomplishments of his life and you'll want to hear 
from other Senators in this Chamber who've been touched by the life of Jim Ezzell. But I 
want to just read to you two framed plaques that have been cross-stitched by a very dear 
friend of mine , both of which will hang in my office as an inspiration and as a reminder of 
the life of Jim Ezzell. The first is a quote that you've heard before on this floor, taken 
from a speech, given by Jim Ezzell in 1989: 'Love is the most important ingredient of 
success. Without it your life will echo total emptiness. Even in hardship love will shine 
through . And if you don ' t have it , you ' re really not living , you ' re only breathing . James 
E. Ezzell, Jr. , 1989. ' The other is a poem by an anonymous poet which I think reflects 
the life of Jim Ezzell . This poem and Jim Ezzell ' s life will be an inspiration to me : ' The 
man who turns his back on human suffering is an average man; the man who turns out 
his pockets, an admirable man; but the man who turns over his life, he is the best man of 
all."' 

Senator Goldston: 

"Mr. President, ladies and gentlemen of the Senate, as you know I don't get on my feet 
too often, in the Senate, I have to feel pretty strong about the subject matter. I also don't 
talk very long so this will not be an exception. But this resolution is honoring a person 
that I feel very strongly about. In the six years that I have known Jim, I realized he was 
one of the truly remarkable men I've ever known. He was intelligent, he was tough, he 
was loving. He was kind, he had a terrific sense of humor, and he knew how to use of all 
these qualities at exactly the right time. Jim was admired by many who really knew what 
he had accomplished in his life time. 

"He never complained about what life handed him but set his sites on what he could 
accomplish , with the goal of making life a little better for those who followed him. Some- 
one once said, 'the longer you dwell on your misfortunes, the greater is their power to 
harm you. ' You can truly say Jim never dwelled on his misfortune but perhaps at times 
used it to his advantage to help others. Jim has left us a legacy of love, of accomplish- 
ment, of humor. I truly believe that everyone that knew Jim Ezzell is a little bit better 
person for having known him. I'm truly proud to have been one of his friends these past 



March 25, 1991 



1991] SENATE JOURNAL 157 

six years, and I'm sure Marshall and Ollie, who are not here with us— I understand 
Marshall's here, feel the same way. We were close to Jim. 

"Now Patsy, in a vein that I'm sure Jim would take, really and truly with the world in 
the mess it's in, perhaps God needed Jim to help Him, with his humor and his intelli- 
gence to solve some of God's problems. And I'm sure wherever Jim is now he is in- 
volved. Thank you." 

Senator Smith: 

" Mr . President , members of the Senate , for four years I ' ve set over on that corner with 
Jim Ezzell as a seat-mate. Of course at that time the Lieutenant Governor, Jordan, 
came by and said, 'Senator Smith, Jim has a slight handicap and I will stretch the rules 
and if you would like to I'd like for you to vote for Jim when the time came and then he 
wouldn't have to use this little cue stick that somebody had made for him which was kind 
of hard for him to get over and vote. ' So after a month or so passed I knew exactly how 
Jim was going to vote and he knew exactly how I was going to vote, so there wasn't any 
question about it. Until one day we were sitting over and it was time to vote on a certain 
bill and he said , ' Smith , ' and I said ' yeah , Jim , ' he says , ' I ' m gonna vote with you boys 
this time. ' It really didn't make a whole lot of difference in the vote, we didn't win, but 
you guys won, but I felt like I had because I felt like I really had a friend there. He told me 
an awful lot of stories sitting over there and had an awful lot of compliments. I can't tell 
them, not in this company, those that know Jimmy know what a good character he was. 
But one I can tell you was that my wife was introducing my children to him one day and 
said, 'This is Senator Ezzell, he sits to the left of your dad. ' And his quick mind came 
right back and he says, 'I'm always to the left of Senator Smith.'" 

Senator Soles: 

"Mr. President, Ladies and Gentlemen of the Senate, when translated from the Latin 
there's a phrase that says, 'They can because they think they can.' Jim Ezzell could 
because he thought he could. Loving husband and father, successful lawyer, solicitor, 
judge, a member of the House of Representatives, a member of the Senate, all of these 
things because Jim Ezzell thought he could. He honored us by the example he set as we 
went about our daily work here. As we saw him scoot about this Chamber in his little cart 
and ring his bell, Jim was doing things day-in and day-out because he thought he could. 
As we go about our work here, as we see the tasks that we have to accomplish, let us 
always remember Jim Ezzell, the Senator who could because he thought he could." 

Senator Winner: 

"Mr. President, all of us know the compassion of this man, the humor of this man, the 
integrity of this man. But I wanted to comment on something about Jim Ezzell that per- 
haps only a lawyer who worked with him a lot might realize, only a lawyer might appreci- 
ate it . I used to wonder , when I first met Jim , why he would go to the effort , all of us have 
to make an effort to get here, but the extra effort that made Jim come here. And I think, I 
may not be right about that, about what it was, but I developed a theory in 1989, I worked 
with him a lot in 1989 , we spent a lot of time working on the predecessor of the judge bill 
that you all passed last week. In fact, he was going to be the co-primary sponsor of that 
bill this time and it was already drawn when he met his unfortunate demise. And I spent 
a lot of time working with him on the veto bills which both of us had introduced individual 
bills last time; and I came to realize that this man loved the law. 

"The law is an abstract thing but it affects each of us every day. And sometimes you 
hope that the laws are made to give just results in most cases. There's not a law that 
gives a just result in every case because there are too many infinite possibilities to which it 
must be applied. And I think Jim had a commitment in his mind to use his wonderful 
legal talent to make sure that the law did serve just purposes . And he ' d worked hard at it , 
I don't know, this wasn't mentioned in the resolution, but for years he was a member, he 
was our representative on the General Statutes Commission. And any of you who re- 
member the kind of bills that come out of that place, they're dull, dry, often lengthy, 
hard to explain, very technical. But Jim used to express to me that that was the most 



March 25, 1991 



158 SENATE JOURNAL [Session 

enjoyable thing he did down here, was serve on that Commission. So he was a lover of 
the law and I'm satisfied, his commitment was that the laws we pass not be to enhance 
the powerful, the rich, but to be just to everyone. We'll all remember him and miss 
him." 

Senator Hyde: 

"Mr. President and Members of the Senate, I have perhaps spent less time in the Sen- 
ate with Jim than most of you, but I spent part of two sessions, at least I was technically a 
member, and I knew him over the years. And I rise to speak because I admire Jim Ezzell 
and also I loved his sense of humor and his ability to tell stories. Those two things at- 
tracted me to him. We had other things in common, perhaps I don't tell stories as well as 
he and I don't have a sense of humor he did, but I appreciate his. But we were both 
lawyers and both Baptists and we served in the House, and in the Senate, so I feel a sense 
of kinship to him. 

"Perhaps it would sound like preaching to you and perhaps it is to say that at least my 
belief in three things — number one is, the Lord gave us work and a sense and love of 
work; and He gave us a sense of humor; and He gave us a sense of hope. Jim Ezzell had 
all of those in great abundance, and he used them. He used his humor to get across 
points. He used his story-telling ability to entertain you and also to get across points. He 
worked. He had hope not only in his self but he had hope for others and he worked to 
bring that hope to fruition. 

"I've got to be more careful in the future in trying to quote things and not make mis- 
takes but there is a poem that two or three verses might illustrate what I'm trying to say. 

'When the world's last picture is painted, 

When the tubes are all twisted and dried, 

When the oldest picture has faded, 

And the youngest critic has died, 

Then we'll rest and aye, we shall need it, 

Lie down for an eon or two, 

'Til the Master of all good workmen shall set us to work anew. 

Then those who were good will be happy, 

They shall sit in a golden chair, 

They shall paint on a ten league canvas 

With a brush of a comet's hair.' 
"Jim Ezzell will get his rest and then the Master will put him to work again. He will sit 
in a golden chair, he will paint with that brush made from a comet's hair on a ten league 
canvas just like he painted to you and to the whole world in large pictures that no one 
could misunderstand, with humor, with great legal ability, with great story-telling abil- 
ity, and most of all with compassion for those who could not help themselves. I shall 
miss him." 

Senator Shaw: 

"Mr. President and Ladies and Gentlemen of the Senate, I think that other than the 
good times we had together and the fun we had doing things and some of the jokes we 
had, the thing that really stunned me, sometimes it impressed me, more about Jim Ezzell 
than anything else, at no time when I was talking to Jim Ezzell about anything did I notice 
that he was handicapped. Now you think about it, the only time that I noticed that this 
man was not able to walk and run like some of us was when he stood up. Because 
nothing about him led you to believe that he was handicapped. He was head and shoul- 
ders above most people that I've known in this world. I sat back here with Paul Smith 
and Jim Ezzell and a few years back we were listening to the bills going through on the 
'State Boat, ' the 'State Vegetable, ' the 'State Beverage' and what else and I said, 'Jim, 
let's do something with the "chitlin" and he said, 'let's make it the State hors d'ouevre. ' 
And we had probably more fun with that bill than anything that I ever did in the Senate. 
And we also had something in common when I came down here, we had the same 



March 25, 1991 



1991] SENATE JOURNAL 159 

problems of merger on schools in our county. We swore undying allegiance to each oth- 
er. And I think that got us together but I'm going miss Jim Ezzell. And as much as 
anybody I have ever known because he meant a great deal to me. He told somebody one 
time that I was his favorite Republican and that was one of the nicest things anybody ever 
said about me." 

Senator Sands: 

"Mr. President and Members of the Senate it's hard to decide what to say about some- 
one who you feel so strongly about. No question he has helped many, many, people. I 
felt like Jim was one of the best friends I've ever made in my whole life. In just four short 
years down here we went through some battles together and against each other on some 
of them. But I think if there's one word that would describe Jim Ezzell to me, and what 
he means to me, personally, is the word inspiration. Jim has been the biggest inspiration 
I have ever had in my life. You know many of you may remember that I had to have my 
left leg operated on , then I had my right leg operated on and I ' ve hobbled around here just 
about since I've been down here; sometimes better, sometimes worse. And many times 
my knees have hurt so badly that I feel like just stopping and quitting; and other things go 
wrong and you feel like stopping and quitting. But when I do there is one image that 
come to my mind, and that's Jim Ezzell. Rising to get into his car, rising to go here, 
doing things that you don't see how he can do, and whenever I get down physically or 
mentally, for whatever reason the image of Jim Ezzell has popped into my mind over the 
last two or three years. 

"I can assure each and every one of you that as long as I live, Jim's memory will be 
alive in me because I know there are going to be some tough times that I'm going to have 
to call on Jim to keep me going." 

Senator Seymour: 

"Thank you, Mr. President and Members of the Senate. I had not planned to say 
anything this evening. I knew that others would say all the things that really needed to be 
said about a wonderful man that has enriched each of us' life. But Jim was my front 
seat-mate for four years in the House. And I got to know him pretty well during those 
years, that was from 1977 though 1980. And I got to know him as the spunky individual 
that we all know and admire. He always had just the right thing to turn around and say 
to me when he ' d get seated . Many of those things I remember and hold dear . But one of 
the things that I remember most about Jim was his and Patsy's Christmas cards. And 
those of you who, and I am sure most of us received his Christmas cards this past De- 
cember, the family was on a merry-go-round. Jim was standing beside the horse, Patsy 
by his side and the three sons behind him. And Mark Ezzell beside him on one of the 
horses. Jim was always ready to grab the brass ring of opportunity. And his three sons 
are his and Patsy's heritage; their claim to immortality. Mark Ezzell ran with me this 
past fall for a seat in the House. I hope he will continue to run; to carry on the heritage of 
Jim Ezzell." 

Senator Allran: 

"Thank you, Mr. President. Ladies and Gentlemen of the Senate, I wanted to men- 
tion some the reasons why I want to support this Resolution. A lot of them have been 
mentioned but Senator Ezzell is somebody I definitely admire and always will. His sense 
of humor, his values; and I made a few notes of the things that meant a lot to me about 
Senator Ezzell. Senator Seymour just mentioned one, the Christmas cards, I loved to get 
those. Another thing, personally, at our Love Feast last year he made a T-shirt for me 
that said on the front — this was me talking, I guess— 'no, I am not Dan Quayle, yes, I 
am a Senator— if lost return to the General Assembly. ' Only Senator Ezzell would have 
done that and that's a T-shirt that I'll keep for the rest of my life. It means a lot to me 
and I am sure there are several thousand people who got little things like that that they'll 
never forget about Jim Ezzell. 

"Another thing that I've always remembered about him that means so much to me, 
about three years ago my wife and my children were up here visiting. And Elizabeth who 



March 25, 1991 



160 SENATE JOURNAL [Session 

was four at the time, was down in the cafeteria and she saw him, she had never seen a 
wheel chair before, at least a motorized one. And she said, 'What is that, Daddy,' and I 
said, 'come over here and I'll show you. ' So we went over there and she got on his little 
motorized cart and he drove her all around the cafeteria with the flag on the back, ringing 
the bell. And when she got back home after her visit to Raleigh, she had been to the 
Governor's Mansion, had her picture made with the Governor, had her picture made in 
the Governor's Mansion, on the floor here in the Chamber, and everything else. The 
only thing she told them at show-and-tell was how she rode on Senator Ezzell's cart; it 
was the only thing she remembered. 

"But finally on a serious note about Senator Ezzell, this is something that has really 
impressed me. In Chapel one time, Senator Cochrane, Senator Cochrane 's Sunday 
School lesson in Chapel here at the Legislature was that all of us have a cross to bear in 
life. The only issue is how well we exercise self-discipline to overcome that cross to bear. 
That meant so much to me and I took that lesson back to my Sunday school class at 
church and I talked about Senator Ezzell. And I talked about how I knew this really neat 
person in the Legislature who was crippled and how he had a really obvious cross to bear 
in life , but I knew that all of us had our own crosses to bear , they were just not so obvious . 
And as Senator Cochrane said, it's how you deal with that in the self-discipline that you 
use. And so to me if there was anybody that I've ever known who triumphed over life, it 
was Senator Ezzell." 

Senator Marvin: 

"Ladies and Gentlemen of the Senate, there's not a whole lot that I can add to what 
has been said. Jim Ezzell was my friend, he was your friend, he was a friend of every- 
body, and especially of those people with special needs. What I want to say, just briefly, 
is something about my relationship with him, particularly when I was a member, fortu- 
nate enough to be a member of his committee, when he chaired the Local Government 
Committee and then again the Constitutional Amendments Committee. Those were 
great Committees, he was just a neat chairperson. He had a comedian's sense of timing 
and hardly a minute went by that he didn't come up with something funny that kept us all 
in an uproar; always very relevant, very meaningful. But then we got a lot done in his 
committees. He had a lawyer's sense of reason. And he kept us on the track and he 
made sure that we got our work done. But then he had a very good friend's sense of 
compassion and he saw to it that everybody on the Committee had an opportunity to 
contribute; he never cut anybody short. I think the greatest thing that I have to remem- 
ber about Jim is that he was such a genuine person. I think he really personified our State 
motto, 'To be rather than to seem.' That was Jim Ezzell. Thank you." 

Senator Barnes: 

"Thank you, Mr. President. 'To be rather than to seem, ' is certainly Senator Ezzell. 
He drove, in 1989, that cart Senator Goldston, into my office and said, 'I want you to 
look at your calendar for the fourth Saturday in April. ' And I did and he said with that sly 
smile, he said, 'Do you got anything on there?' and I said, 'well, it depends on what 
you're gonna ask me to do, Senator Ezzell. ' And he said, 'Well, do you got anything on 
there or not?' And I said, 'No.' He said, 'Well, there's a lady down at the beach who 
has an oyster bed and I told her that you would go with me down there to look at how 
pollution was ruining her oyster bed. ' And on the fourth Saturday in April in 1989 I met 
Senator Ezzell down at the beach and we got in two boats about twelve foot long, and 
there was two of them there, Senator Ezzell and myself were in one with Laynard Fitter, 
Governor, and she went out to her oyster bed and she got over the side and picked up 
some oysters and told us how the bed was being ruined by pollution. Just those folks 
down there, no reason except that there was a lady that had a problem and he wanted us 
to go down and look at it and see what we could do about solving it. Of course, Senator 
Tally, he was not Chairman of Environment but he was on Environment, and he worked 
in that particular area and tried to help her in that regard. It's been said earlier that he 
loved the law, he did. It's been said by several people he loved people, he did. He found 



March 25, 1991 



1991] SENATE JOURNAL 161 

in this General Assembly, which he also dearly loved, an opportunity to work with the 
law to help people. There's a parable that says that a man found a field with a treasure in 
that field and he went and sold everything he had, everything he had to buy that field. He 
gave all the other things he'd had, he was to come and get that one field because he 
thought that was important. I've always believed that was not an economic story but a 
story on how you best live life. Senator Ezzell loved this General Assembly and he came 
here and found that he could help people in the General Assembly. He followed what he 
loved most and by doing that he helped the State of North Carolina, he helped the North 
Carolina Senate, and he helped each one of us to be better. He was certainly a fine and 
outstanding Senator and that we are honored by having him as one of our Members. 
Thank you." 

Senator Cochrane: 

"There are three kinds of people both in this Body and in the World: those who make 
things happen, those who wonder what's happening, and those who just watch it hap- 
pening. And I think if we look at Jim Ezzell we see somebody who made things happen in 
this General Assembly, his community, in his church, and in his family. And just as our 
Body is diminished at his absence, Heaven is certainly enhanced because he's there. 
Thank you." 

Senator Lee: 

"Mr. President, Ladies and Gentlemen of the Senate, Jim Ezzell was a man who had 
the ability to say the appropriate thing at the appropriate time. And the points he made 
always were remembered by the person with whom and to whom he was communicating. 
I met him in 1972 while on the campaign trail for Congress. And Jim, during one of our 
conversations, was able to give me the encouragement and the strength even though I felt 
I was facing an uphill battle in that campaign. I felt a sense of closeness through the 
years with Jim, though we were not together very often. And, of course, when I came 
back to the Senate we were able to renew our relationship. And I admired him as a man 
who was able to tell a story; to use drama, and to use humor to make a point. I wish that 
I could share with you the last story he told me in Senator's Barnes office a few days 
before the Session began but I can't. But it made a point and I shall always remember it. 
He was a man of character, a man of dignity. And I have found a poem which I did not 
want to read this evening but I do want to have framed with all the names of the Senators 
printed and we can transmit that to the family which I think will be a strong symbol of 
remembrance for a strong man. There is much to be said and I wish time would permit to 
say more but I will simply end my remarks by saying that I will remember Jim as a man 
'who stilled a hungry infant's cry; with kindness, filled a stranger's cup; and as he lifted 
all these others, helped all of us be lifted up.'" 

Senator Royall: 

"Ladies and Gentlemen of the Senate, what are the qualities that we most admire in a 
man? That he contribute to the betterment of his State and society — Jim Ezzell did . That 
he be honest and straightforward in his personal and business relations— Jim Ezzell was. 
That he be a good and responsible parent and citizen — Jim Ezzell was. That he be open- 
minded and tolerant of the views of others even when he differed from them— Jim Ezzell 
was. That he be a person of character — Jim Ezzell was. His service in the public arena 
gave him a reputation. But more important, it gave him character. There is a differ- 
ence. As someone has said, 'Reputation is what you're supposed to be, character is 
what you are. ' Reputation is made in a moment, character is built in a lifetime. A single 
newspaper report gives you your reputation, a life of toil gives you your character. Jim 
Ezzell earned his character. He earned it through a life of toil. He was every inch a 
leader, a person of substance and courage who cared deeply about his fellow man. I am 
grateful for the opportunity to add my word of tribute to Jim Ezzell— a man of immeasur- 
able worth. My sincere condolences to the great family of an outstanding North Caroli- 



March 25, 1991 



162 SENATE JOURNAL [Session 

Senator Kaplan: 

"Ladies and Gentlemen of the Senate, Jim Ezzell and I went to the House as freshmen 
in the same year. I don't know what caused it but we became instant friends. We ended 
up in the Senate as freshmen the same year; and renewed those friendships and became 
quite close. Whenever I had a problem, whether I was at home or here, we'd talk about 
it and likewise, and he always came across with some great words of wisdom. I believed 
in him, I loved him, I'll miss him. Patsy, I hope you'll come visit us often, we need to 
see you — we need to remember Jim. Thank you." 

Senator Daniel: 

"Members of the Senate, when I first came here in 1987, as a young legislator you look 
around for those friendly faces and there were some here. But none any friendlier than 
Jim Ezzell. I think back of my own personal memories that stick into mind particularly of 
a young and a new legislator, and one of the things you always worry about are the local 
problems that happen to visit down here in the General Assembly. And one of mine 
visited to his Local Government Committee, which he was Chairman, and that had to do 
with the repealing of the coroners position in one of my counties. And I went to Jim and 
spoke to him often on that and confided in him the problem that I was having with this 
particular bill. And he assured me, and as a Chairman that he would take care of it. 
Well, I didn't think that much more about it until one day we were entering the Chamber 
from just over there, and we had the Board of Commissioners from Caswell County, I 
think the Chairman of Board of Education, and I was taking distinct pleasure in intro- 
ducing them to all the Senators that came through. Well lo and behold, Patsy, that little 
cart came by, and I was smiling and I said, Well, hot dog, I'm gonna get to introduce 
them to one of my favorite Senators. * And when I introduced him to Jim he looked at the 
Chairman of the County Commissioners and he said, 'Mr. Chairman, you know that 
coroners bill you sent down here?' And the Chairman, he kind of smiled, he says, 
'Why, yes sir.' He says, 'Well, I just want you to know that it's in safe company, and 
it's in a safe place and I'm going to show you where it is, and where it's going to stay. ' 
And at that time he pulled open his jacket pocket and sure enough there was a little blue 
bill; I don't know whether it was a coroners bill or not. But he certainly convinced me. 

"And one of the other fond memories that I'll carry with me forever is when we had an 
opportunity to go out to Nevada— Reno. We rode up on a bus and I think a lot of you that 
were there, you remember, we had a barbecue. And after that barbecue a lot of us were 
gonna go up in Virginia City. Well, Patsy and Jim were going to the bus and I was 
following them, my wife Cindy and I, and I said, 'Jim, you gonna go up in Virginia 
City?' And he looked up that hill there and I could tell what was going on in his mind, 
and I had a few less pounds on me at that time, and I said, 'you're going up there, too. ' 
And so I grabbed that wheelchair and we started walking up that mountainside and Jim 
kept talking back, he says, 'Boy, you're sounding winded back there, don't you dare let 
this chair go. ' We went on in Virginia City and I think I saw Jim Ezzell smile more that 
night than I had in a long, long time, because as we went along the streets there they were 
having an, it wasn't an Irish wake, but a wake for an old musician that had been a 
long-standing member of the community in one of the saloons. And it wasn't anything 
to do but Jim Ezzell get right up in the middle of them, got to know them; knew the 
history of just what had happened — these are fond memories. And they'll be with us all, 
I know each and every one of us have our own special ones. But I thank God that I had an 
opportunity to be at the right place at the right time and to know someone like Jim Ezzell. 
I truly love him, and as the rest of you, I will truly miss him." 

Senator Walker: 

"Mr. President, Members of the Senate, there've been many things said here tonight 
about the good things that Jim Ezzell did for the citizens of North Carolina. But I think 
we'd be remiss tonight if we didn't mention what happened in the 90 'short' Session. 
With money short, that he had worked real hard on the situation that North Carolina had 
gotten itself into on infant mortality. He went to Senator Barnes, he worked with him; 



March 25, 1991 



1991] SENATE JOURNAL 163 

Pam Silverman, who had been working with us on this issue; over on the House side, he 
got with the leadership over there, and through Senator Barnes and leadership over there 
put together a committee to look at this — to get over ten million dollars for infant mortal- 
ity problems in this State, when we were at the very bottom, knowing that we needed to do 
something about this. And I think that this was one of those things that showed what Jim 
Ezzell really was, and that was he was one who was working hard for those people who 
could not help themselves. And I think tonight it would be good for all of us to say that 
this is something that we ought to dedicate ourselves to. It's not always the most glamor- 
ous thing to serve on a Human Resources Appropriations Committee, and he served with 
me on that for a number of years, but it's something we really need to look at as we look 
forward to the problems that need to be solved in this State. And I certainly think Jim 
Ezzell was one of those who gave a great inspiration to all of us . Thank you , very much . " 

Senator Basnight: 

"Thank you, Mr. President. Ladies and Gentlemen of this Body, Patsy and family. I 
was in a little restaurant on the Outer Banks about a week after that tragic occurrence and 
behind me was a couple with a little girl. And they were talking about Jim Ezzell and I 
was reading my Saturday morning paper. And I laid the paper down and started stirring 
my coffee, listening to the conversation that the parents were having with the little girl, 
explaining what kind of man this Jim Ezzell was. And the little girl was asking the ques- 
tions, 'What was he like, mama? Daddy, tell me a little more about this Senator. ' And 
the conversation continued for some time. Afterwards I left my coffee, I went out of Sam 
and Omies to its porch and I stood there, in the bright sunlight, and I waited. Some 
minutes later a father opened the door, out came a little girl on crutches behind her moth- 
er. And she told, at the time as I spoke to her, that she wanted to meet this Mr. Ezzell 
one day. And I leaned, Patsy, on one knee and I assured her she would meet Mr. Ezzell, 
one day." 

Senator Speed: 

"Members of the Senate, Jim Ezzell had such a brilliant mind, and such a fine sense of 
humor, he naturally made many friends everywhere that he went. Not only in this Body 
but throughout all of North Carolina, in every area that he had an opportunity to visit. 
He was somewhat special to me because I had the opportunity of representing Nash 
County in the North Carolina Senate at the time he was a member of the House. We 
worked together on some local matters and some other matters and he was District Judge 
down there during the time that I served in the Senate from that area. He gave me good 
advice on many occasions. 

"He was a very true friend, he always enjoyed playing a prank, especially on his 
friends. He wouldn't do this on any one other than his special friends, but I remember on 
several occasions that he just enjoyed doing this. And one in particular. I was in the 
Principal Clerk's Office during the interim, several summers ago, and Jim was back 
there making a telephone call to a professional entertainer in Charlotte. It so happened 
that Marshall Rauch, one of his very close friends, was having a birthday. So Jim was 
lining up a real prank , telling the lady just what to say , and just how to do it , and so forth . 
And apparently was carried out according to order, 'cause next time I saw Marshall I 
said, 'Marshall, I understand you had a birthday recently. ' And he said, 'Yes, ' and he 
shook his head because he knew that I had heard the story. And he said, 'Yes, and I 
doubt if I'll ever live it down. ' So that was Jim Ezzell and, of course, Marshall was one 
of this very close friends, and he just enjoyed doing things like this and it created a lot of 
enjoyment for all of us. Many times when he sat here behind me I would turn and have a 
little conversation and it would always end up in some humorous remark that made my 
day much brighter. I shall always remember and cherish Jim's memory, and I know 
each of you will and I'm appreciative of the fact that we can support this Resolution on 
this occasion." 



March 25, 1991 



164 SENATE JOURNAL [Session 

Senator Plexico: 

"I feel very hesitant to speak tonight, all these folks who have known Senator Ezzell for 
so many years, very hesitant, but it dawned on me that perhaps folks might like to have 
one more example of how he could touch someone very quickly, even a very freshly 
minted legislator like myself. In fact, I met him only as recently as Decembe — and Sena- 
tor Soles I think it was the luncheon that you gave and we were sitting at the table and 
Senator Ezzell , I' d never met before , was sitting beside me and the conversation had not 
yet turned to what people do for a living, knowing full well that you don't do this for a 
living; and finally someone said, 'Well, Clark, what do you do for a living? ' And before 
I could say I'm in the real estate business, and no one knew that, as far as I know, 
Senator Ezzell leaned over, and I'd never met this man before, and he leaned over and he 
grabbed hold of the material of my coat and he rubbed it together in his hands and he 
said, 'This man's no lawyer, this man's in real estate. ' I knew at that moment that that 
was a man that I was going to enjoy working with very much. 

"The night after the opening session we had left the reception for Dan Blue and my 
wife was with me and I wanted to introduce her to some folks who I felt I'd be talking 
about quite a bit, and I wanted her to know who they were. And I saw Senator Ezzell and 
Patsy getting in their car , getting ready to go , and I thought well , I ' 11 just let them go . But 
something stopped me and I said, 'No, Debbie, come on I want you to meet this man. 
You're gonna hear me talk about him a lot. ' And once again Senator Ezzell welcomed 
me to the State Senate but then he turned to Debbie and he welcomed her as a wife, and 
he welcomed her to the extended family of the State Senate. And he looked at me and he 
said, 'Clark, it's the spouses that let us all be here. ' I enjoyed knowing him for just a 
short, brief time. " 

Senator Murphy: 

"Very briefly, obviously after more than half the Senate has already spoken on this 
Resolution, there is very little left to say. But having known Senator Ezzell as I had and 
having had him be the inspiration that he was, I would certainly be remiss if I didn't just 
very briefly recall some of the things about Senator Ezzell and his experiences with me. 

"To those of you who attended the memorial service, and what a delightful service it 
was, you will recall Senator Rauch was there and what a great job he did, and an unbe- 
lievable job that Senator Ezzell 's son, Mark, did in talking about what their recollection 
of Jim Ezzell was. But the thing that stood out to me that was said that day was that 
Senator Ezzell had said that sometime prior to his death at his funeral that what he 
wanted folks to do was to come and say nice things about him and then go eat. And 
that's what we did. And I think that epitomizes so much about what we've all said about 
him tonight, that we could celebrate life and death also. 

"I just have to relay one little brief story that's in the same vein that we've just said. 
Sometime last Session, in the General Assembly, and I can't remember exactly when it 
was, but Senator Rauch, Senator Goldston, Senator Ezzell, and myself had planned a 
weekend excursion away from home and the private airplane in which we were going to 
fly did not have access for his buggy. So when we got to the airplane we considered how 
we were going to get him on board and it was really tedious because I really didn't know 
what to do. We asked Jim what to do and he didn't know either so finally Bill Goldston 
got him under the shoulders and I got him by the legs and we drug him up in — kinda like 
you would a dead sow — got him on the plane and the flight was about an hour; and 
throughout the entire flight, I remember, he kept wiggling one way and then the other and 
it was after we got there and got him unloaded he kind of got his britches straightened out 
from wherever they were in the wrong place; but never once did he complain. What I 
remember so well was that when we got ready to board the second time he said, 'Boys, 
there's got to be a better way to do this than the way you did it before. ' And he was right. 

"Jim Ezzell was a tremendous inspiration to me, he was probably the least handi- 
capped handicapped person that I think I've ever known. And not a day goes by when I 
walk down through the basement of this Building here where he used to park his car and it 
said "handicapped legislator" and that sign is no longer there now but I continue to be 



March 25, 1991 



1991] SENATE JOURNAL 165 

reminded of what a great citizen he was, what a great Senator he was, and what a great 
friend we've lost. Thank you." 

The joint resolution passes its second reading (49-0). 

The joint resolution passes its third reading with members standing and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

The Chair recognizes the family and friends of James Earl "Jim" Ezzell, Jr. , including 
his widow, Patsy Wall Ezzell; his children, Mark Ezzell, James Ezzell III, and Stanton 
Ezzell; and Marshall Rauch, former Senator from Gaston County. The Senate ac- 
knowledges the Ezzell family with a prolonged standing ovation. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 4, an act to provide that Sampson County is authorized to construct gas lines. 
(Ch. 13) 

H.B. 112, an act relating to the manner of filling vacancies in the Office of Register of 
Deeds of Edgecombe and Lincoln Counties. (Ch. 14) 

H.B. 138, an act to provide that in filling a vacancy in the Office of Sheriff of Edge- 
combe and Lincoln Counties, the County Board of Commissioners must appoint the 
nominee of the party executive committee of the vacating sheriff. (Ch. 15) 

H.B. 197, an act to allow the Town of Stallings to operate a contract post office. 
(Ch. 16) 

The President recognizes the following pages serving in the Senate this week: Mike 
Bennington, High Point; Beth Ann Carella, Charlotte; Wendy R. Carpenter, Anson- 
ville; Dana Irene Carr, Asheville; Theodore Matthew Carr, Asheville; Creecy Chan- 
dler, Burlington; David Paul French, Goldsboro; Kelly Goodwin, Davis; Margaret Lyla 
Hall, Durham; Mebane Hunter, Charlotte; Erica L. Melton, Wadesboro; Beth 
McClure, Greensboro; Anna Kathleen Miller, Charlotte; Adrienne Brendell Perkins, 
Gastonia; Joanna Lynn Piner, Beaufort; Sara Marie Register, Charlotte; Richard Ryan 
Schoen, Fayetteville; Shannon Seymour, Raleigh; and Jeremy Moloney Tarr, Charlotte. 



EXECUTIVE ORDERS 

Executive Orders received are presented to the Senate, read, and referred to commit- 
tee, as follows: (See Appendix) 

Executive Order Number 135, Rescission of Executive Orders Number 88 and 
Number 102 Columbus Voyages Quincentenary Commission. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 136, Establishing the North Carolina Advisory Council 
on Telecommunications in Education. 

Referred to State Personnel and State Government Committee. 

On motion of Senator Barnes , seconded by Senator Smith , the Senate adjourns at 9 : 1 5 
P.M. in memory of James Earl "Jim" Ezzell, Jr. , the late Senator from Nash County, to 
meet tomorrow, March 26, at 3:00 P.M. 



March 25, 1991 



166 SENATE JOURNAL [Session 



THIRTY-SECOND DAY 

Senate Chamber, 
Tuesday, March 26, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Richard Howie, Minister of Leaksville United Meth- 
odist Church, Eden, as follows: 

"O God, Creator of this beautiful world and the people who call it their home, this 
gathering of our State's elected officials is a reminder that we are among the few nations 
in the world who are privileged to enjoy government of the people, by the people, and for 
the people. The world crisis through which we have just passed reminds us of the sacri- 
fices made and the risks taken so that we can enjoy this privilege. 

"We realize the burdens the leaders carry not because they have to, but because they 
want to. As they work through the agenda which the problems and needs of our State 
have brought to them, give them enough wisdom to know that in trying to please every- 
body, you please nobody; enough courage to make decisions on the basis of what is right 
rather than what is popular; enough commitment to be servants of the people and not 
their masters; enough dignity to respect the opinions of others even when they differ. 

"And when their work is accomplished, and they return to their respective places in the 
North, East, South, and West, we pray that their records will reflect the spirit of our 
founding fathers who challenged us, 'to be rather than to seem. ' For we offer our prayer 
in Your Holy Name, Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
25, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Plyler. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S. B. 90 (Committee Substitute) , an act to provide for a ninety-day period of time for 
the renewal of drivers licenses, to waive the civil penalty for lapsed liability insurance, 
and to waive the service charge for reregistration of a vehicle of military personnel 
deployed in support of "Operation Desert Shield" or "Operation Desert Storm." 
(Ch. 17) 

S.B. 119, an act to remove the sunset on the act requiring that headlights be illumi- 
nated when windshield wipers are on to make that vehicle more discernible during peri- 
ods of limited visibility. (Ch. 18) 

S.B. 144, an act to extend the deadline to April 1, 1991, for the Department of Eco- 
nomic and Community Development to make its first report assessing the recycling 
industry and markets for recyclable materials in the State. (Ch. 19) 



March 26, 1991 



1991] SENATE JOURNAL 167 

ADDITIONAL ENDORSEMENT 

The following Senator requests to be recorded endorsing a bill previously introduced: 

By Senator Warren: 

S.B. 248 , a bill to increase the benefits of the Law Enforcement Officers ' , Firemen ' s , 
Rescue Squad Workers', and Civil Air Patrol Members' Death Benefits Act. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Judiciary I Committee: 

H. B. 34, a bill to increase the penalties for violations of the debt collection practices 
acts, with an unfavorable report as to bill, but favorable as to Senate Committee Substi- 
tute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee Sub- 
stitute bill is placed before the Senate for immediate consideration and, on his further 
motion, the Senate Committee Substitute bill is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, March 27, for further consideration. 

By Senator Goldston for the Transportation Committee: 

S. B. 218, a bill to increase the penalty for failing to apply for a motor vehicle title and 
to make technical changes to Article 3 of Chapter 20, with a favorable report, as 
amended. 

On motion of Senator Goldston, the bill is placed before the Senate for immediate 
consideration and, on his further motion, Committee Amendment No. 1 is adopted. 

Pursuant to Rule 45.1, the Chair orders the bill, as amended, engrossed and re- 
referred to the Finance Committee. 

S.B. 209, a bill to clarify the issuance of fictitious drivers licenses and registration 
plates and to create a confidential registration file, with a favorable report. 

H . B . Ill, a bill to remove the sunset on the municipal participation in improvements 
to the State highway system, with a favorable report. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 42, a bill to make certain technical amendments to the banking laws, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Staton, the Committee Substitute bill is placed on the Calendar 
for tomorrow, March 27, for further consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Hartsell: 

S.B. 279, a bill to permit the use of electronic surveillance in the investigation of drug 
trafficking offenses. 

Referred to Judiciary II Committee. 



March 26, 1991 



168 SENATE JOURNAL [Session 

By Senator Marvin: 

S.B. 280, a bill to create the North Carolina Center for Applied Textile Technology. 

Referred to Higher Education Committee. 

By Senator Marvin: 

S.B. 281, a bill to provide review officers with subpoena power. 

Referred to Judiciary I Committee. 

By Senator Marvin: 

S.B. 282, a bill to improve procedures relating to academically gifted students. 

Referred to Education Committee. 

By Senator Hyde: 

S.B. 283, a bill to amend the Weights and Measures Act. 

Referred to Judiciary I Committee. 

By Senators Cochrane, Allran, Block, Carpenter, Conder, Daughtry, Hartsell, Lee, 
Marvin, Smith, Tally, and Ward. 

S.B. 284, a bill to increase the penalty for carrying a weapon on school premises. 
Referred to Judiciary II Committee. 

By Senators Martin of Pitt, Ballance, Cooper, Hunt, Lee, Marvin, Plexico, Tally, 
and Walker. 

S.B. 285, a bill to appropriate funds to the North Carolina Housing Trust Fund. 
Referred to Appropriations Committee. 

By Senator Smith: 

S.B. 286, a bill to specify certain duties of the Chairman of the Industrial Commis- 
sion. 

Referred to Manufacturing and Labor Committee. 

By Senator Smith: 

S.B. 287, a bill to make changes to the employment security law pertaining to contri- 
butions and coverage. 

Referred to Manufacturing and Labor Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.J.R. 118, a joint resolution providing for confirmation of the appointment of 
William T. Graham as Commissioner of Banks, for concurrence in House Amendment 
No. 1, which is placed on the Calendar for tomorrow, March 27. 

H.B. 51 (Committee Substitute), a bill to consolidate and revise Statutes concerning 
the Property Tax Commission, to repeal unnecessary duties of the Department of Reve- 
nue, to repeal the requirement that all of the employees in the Department of Revenue 
take an oath, and to conform the oaths required by the officeholders in the Department of 
Revenue to the oath required by the Constitution. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, rereferred to the Appropriations Committee. 

H.B. 233, a bill to modify the membership of the Stanly County Airport Authority. 
Referred to Local Government and Regional Affairs Committee. 



March 26, 1991 



1991] SENATE JOURNAL 169 

CALENDAR 

Bills on the Calendar carried forward as unfinished business from Monday, March 25, 
are taken up and disposed of, as follows: 

S.B. 173, a bill to change the membership of the Joint Legislative Commission on 
Future Strategies for North Carolina. 

On motion of Senator Goldston, the bill is taken up out of its regular order of business. 

On motion of Senator Goldston, consideration of the bill is postponed until Thursday, 
March 28. 

S.B. 205, a bill to repeal the sunset provision for the utility regulatory fee statute, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 47. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 34 (Committee Substitute) , a bill to abolish the use of the Rule of 78s as it per- 
tains to installment loans secured by real property or mobile homes. 

The Committee Substitute bill passes its second reading (46-1). 

Senator Sands objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, March 27, for further consideration, upon third reading. 

S.B. 52, a bill to clarify the authority of law enforcement officers to arrest without a 
warrant for certain misdemeanors. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (45-4) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S.B. 189, a bill to provide that the authority of the President Pro Tempore of the Sen- 
ate and the Speaker of the House of Representatives concerning the Joint Legislative 
Commission on Governmental Operations is the same. 

The bill passes its second (35-14) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 198, a bill to increase the processing fee for bad checks. 

Senator Staton calls the previous question, seconded by Senator Johnson. The call is 
sustained (47-1). 

The bill passes its second (44-4) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 243, a bill to make appointments to public office upon the recommendation of 
the President Pro Tempore of the Senate. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 228, a bill to delay by three months the requirement that resident inspectors be 
assigned to commercial hazardous waste facilities. 

The bill passes its second (45-2) and third readings and is ordered enrolled. 



March 26, 1991 



170 SENATE JOURNAL [Session 

Bills and resolutions on the Calendar for today are taken up and disposed of as follows: 

S.B. 12, a bill making the administrative rule-making process more uniform by ap- 
plying the Administrative Procedure Act's rule-making provisions to all principal State 
departments. 

On motion of Senator Basnight, the bill is, without objection, re-referred to the 
Appropriations Committee without adoption of the Judiciary I Committee 
amendment. 

S.B. 87, a bill to authorize the Governor to appoint a "Composer-Laureate for the 
State of North Carolina." 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 225, a bill to give local boards of education elected on a district basis similar 
power as cities to redistrict. 

On motion of Senator Winner, consideration of the bill is postponed until Tuesday, 
April 2. 

On motion of Senator Barnes, seconded by Senator Warren, the Senate adjourns at 
4:25 P.M. to meet tomorrow, March 27, at 3:00 P.M. 



THIRTY-THIRD DAY 

Senate Chamber, 
Wednesday, March 27, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Paul Corts, President of Wingate College. 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
26, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

Without objection, on motion of Senator Barnes, the introduction of bills and resolu- 
tions is placed at the end of today's Calendar, as the last item of business. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

S.B. 110, a bill to improve the administration of the taxes on motor fuels, special fuel, 
and motor carriers, and to temporarily restore the $40,000 cap on bonds that may be 
required of fuel distributors and suppliers, with a favorable report. 

S.B. 112, a bill to make annual special fuel reports due the same time as annual motor 
carrier reports and to make conforming changes to the motor carrier laws to facilitate 
annual motor carrier reports, with a favorable report. 



March 27, 1991 



1991] SENATE JOURNAL 171 

S. B. 190 (Committee Substitute) , a bill to incorporate the Town of Momeyer in Nash 
County, with a favorable report. 

S.B. 234, a bill to permit regional solid waste management authorities to receive an- 
nual sales tax refunds, with a favorable report. 

H.B. 13 (Committee Substitute), a bill to eliminate the franchise tax initial return 
and to increase the minimum franchise tax, with a favorable report. 

S.B. 150, a bill to allow for the production and sale of fallow deer, with a favorable 
report, as amended. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 159 (Committee Substitute), a bill to prevent a municipal ordinance or policy 
diminishing water or sewer services to an annexed area within six months of notice of 
intent to consider annexation, with a favorable report. 

H.B. 194, a bill to allow the Elizabeth City-Pasquotank County Airport Authority to 
enter into a lease with a fixed base operator, with a favorable report. 

H.B. 215 (Committee Substitute) , a bill to modify the statutes governing the Cumber- 
land Memorial Auditorium Commission, with a favorable report. 

H.B. 247 , a bill to provide for the establishment of a volunteer police auxiliary for the 
Mecklenburg County Police Department, with a favorable report. 

H.B. 263, a bill to authorize Anson, Montgomery, and Richmond Counties to enter 
into long-term contracts for disposal of solid waste, with a favorable report. 

S.B. 260 , a bill to incorporate the Village of Tobaccoville , subject to a referendum , to 
amend the Charter of the City of King, and to authorize entry into and recordation of an 
agreement, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 104, a bill to eliminate a taxpayer ' s deduction for certain contributions of land or 
crops to account for tax credits allowed for the same contributions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, For- 
rester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 49. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, March 28 , for further consid- 
eration, upon third reading. 

S.B. 42 (Committee Substitute), a bill to make certain technical amendments to the 
banking laws. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 



March 27, 1991 



172 SENATE JOURNAL [Session 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H. B. 228, an act to delay by three months the requirement that resident inspectors be 
assigned to commercial hazardous waste facilities. (Ch. 20) 



CALENDAR (Continued) 

S.B. 209, a bill to clarify the issuance of fictitious drivers licenses and registration 
plates and to create a confidential registration file. 

The bill passes its second reading (48-1). 

Senator Sands objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, March 28, for further consideration, upon third reading. 

H. B. 34 (Senate Committee Substitute) , a bill to increase the penalties for violations 
of the debt collection practices acts. 

The Senate Committee Substitute bill passes its second reading (48-0). 

Senator Block objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, March 28, for further consideration, upon third reading. 

H . B . Ill, a bill to remove the sunset on the municipal participation in improvements 
to the State highway system. 

The bill passes its second (50-0) and third readings and is ordered enrolled. 

S.B. 34 (Committee Substitute) , a bill to abolish the use of the Rule of 78s as it per- 
tains to installment loans secured by real property or mobile homes, upon third reading. 

The Committee Substitute bill passes its third reading (48-1) and is ordered sent to the 
House of Representatives. 

S.J.R. 118, a joint resolution providing for confirmation of the appointment of 
William T. Graham as Commissioner of Banks, for concurrence in House Amendment 
No. 1. 

The Senate concurs in House Amendment No. 1 (50-0) and the joint resolution is 
ordered enrolled. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H. B. 84, a bill to repeal the sunset on legislation authorizing Currituck County to levy 
an excise tax on instruments conveying real property. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 119, a bill to extend the corporate limits of the Town of Pineville. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 193, a bill to allow Currituck County to establish a special leash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of the 
leash law. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 



March 27, 1991 



1991] SENATE JOURNAL 173 

H.B. 244, a bill concerning municipal elections in the City of High Point. 
Referred to Election Laws Committee. 

H.B. 248, a bill to authorize the Town of Mooresville to levy a room occupancy tax. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 



EXECUTIVE ORDERS 

An Executive Order received is presented to the Senate, read, and referred to commit- 
tee, as follows: (See Appendix) 

Executive Order Number 137, Escrowing Contributions to the Teachers' and 
State Employees' Retirement System. 

Referred to Pensions and Retirement Committee. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Block: 

S.B. 288, a bill to modify the benefit restrictions for reemployed retirees in the Local 
Governmental Employees' Retirement System and in the Teachers' and State Em- 
ployees' Retirement System and in the Consolidated Judicial Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Block: 

S.B. 289, a bill to remove the age limit for restoration to membership for a disability 
beneficiary in the Local Governmental Employees' Retirement System and the Teach- 
ers' and State Employees Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Block: 

S.B. 290, a bill to redefine "Employee" and "Employer" in the Local Governmental 
Employee's Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Block: 

S.B. 291, a bill to authorize the use of electronic means for the docketing of civil 
judgments and the making of entries in judgment dockets and judgment and docket 
books. 

Referred to Judiciary I Committee. 

By Senator Block: 

S.B. 292, a bill to make technical corrections in the Disability Income Plan of North 
Carolina. 

Referred to Pensions and Retirement Committee. 

By Senators Ward, Martin of Guilford, Marvin, Plyler, Royall, Tally, and Walker: 
S.B. 293, a bill to allow area authorities to provide services under contract to certain 
entities. 

Referred to Human Resources Committee. 



March 27, 1991 



174 SENATE JOURNAL [Session 

By Senators Ward, Martin of Guilford, Marvin, Plyler, Royall, Tally, and Walker: 
S.B. 294, a bill adopting the Adult Substance Abuse Treatment Plan. 
Referred to Human Resources Committee. 

By Senators Staton and Johnson: 

S.B. 295, a bill to authorize the Museum of Natural Sciences and the Maritime Mu- 
seum to sell or exchange objects. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

By Senator Allran: 

S.B. 296, a bill to provide that a judicial hearing may be conducted to determine the 
source of money or property for a secured appearance bond and that the bond may be 
refused if obtained as a result of a violation of State or federal law. 

Referred to Judiciary II Committee. 

By Senator Allran: 

S.B. 297, a bill to increase the maximum fines that maybe levied on people convicted 
of speeding offenses. 

Referred to Judiciary II Committee. 

By Senator Allran: 

S.B. 298, a bill to make the failure to wear a seat belt admissible in criminal trials. 

Referred to Judiciary II Committee. 

By Senators Kaplan, Ward, and Shaw: 

S.B. 299, a bill to incorporate the Town of Lewisville in Forsyth County. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Simpson: 

S.B. 300, a bill to appropriate funds for Western Carolina Center. 

Referred to Appropriations Committee. 

By Senators Plyler, Conder, Martin of Pitt, and Walker: 

S.B. 301, a bill to appropriate funds to restore the Agricultural Finance Authority 
budget. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 302, a bill to provide for secondary road construction projects in the TIP from 
special appropriations. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 303, a bill to authorize the Department of Transportation to provide funding for 
the construction of railroad tracks and their related facilities to industries. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 304, a bill to authorize the Department of Transportation to enter into instal- 
lment contracts for the purchase of railroad corridors and other rail property and to ac- 
quire property for new railroad rights-of-way. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senator Sherron: 

S.B. 305, a bill to provide that title to State lands cannot be acquired by adverse pos- 
session. 

Referred to State Personnel and State Government Committee. 



March 27, 1991 



1991] SENATE JOURNAL 175 

By Senator Sherron: 

S.B. 306, a bill to clarify the law regarding State and federal surplus property. 

Referred to State Personnel and State Government Committee. 

By Senators Kincaid and Simpson: 

S.B. 307, a bill to provide that notice of cancellation of motor vehicle liability insur- 
ance is not required if a new policy is issued at the same time the old policy is terminated 
or canceled. 

Referred to Insurance Committee. 

By Senator Parnell: 

S.B. 308, a bill to clarify the law regarding the employment of the Executive Director 
of the Commission of Indian Affairs. 

Referred to State Personnel and State Government Committee. 

By Senator Parnell: 

S.B. 309, a bill to appropriate funds to the Department of Agriculture for internation- 
al and domestic marketing. 

Referred to Appropriations Committee. 

By Senators Marvin, Allran, Ballance, Barnes, Basnight, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Lee, Martin of Pitt, Martin of Guilford, Murphy, Odom, Perdue, 
Plexico, Plyler, Pollard, Richardson, Royall, Sands, Seymour, Shaw, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner: 

S.B. 310, a bill to require mammogram and pap smear coverage in health and acci- 
dent insurance policies, in hospital or medical services plans, in HMO Plans, and in the 
State Employees Comprehensive Major Medical Plan. 

Referred to Human Resources Committee. 

By Senator Johnson: 

S.B. 311, a bill to make improvements in the financial regulation of continuing care 
facilities. 

Referred to Insurance Committee. 

By Senators Winner, Johnson, Hyde, and Sands: 

S.B. 312, a bill to provide that teachers may participate in the Public Employees' 
Compensation Plan. 

Referred to Finance Committee. 

By Senators Cooper, Bryan, Conder, and Hartsell: 

S.B. 313, a bill to require county boards of elections to file certified copies of certain 
election returns with the Secretary of State in a format prescribed by the Secretary of 
State, so as to allow publication of the returns in a timely manner and in a readily acces- 
sible format. 

Referred to Election Laws Committee. 

By Senator Cooper: 

S.B. 314, a bill to appropriate funds to the Department of Correction for the develop- 
ment and implementation of manufacturing or other industries within State prison facili- 
ties by private enterprises. 

Referred to Appropriations Committee. 

By Senator Staton: 

S.B. 315, a bill to clarify the role of physicians in promoting highway safety. 

Referred to Transportation Committee. 



March 27, 1991 



176 SENATE JOURNAL [Session 

By Senators Goldston and Martin of Guilford: 

S.B. 316, a bill to increase fees charged by the Board of Podiatry Examiners and to 
provide for temporary podiatry licenses. 

Referred to Human Resources Committee and, upon a favorable report, re- 
referred to the Finance Committee. 

By Senator Carpenter: 

S.B. 317, a bill to revise and consolidate the Charter of the Town of Glenville. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Cochrane, Allran, Daughtry, Forrester, Simpson, and Smith: 
S.B. 318, a bill to amend the Constitution to make the Superintendent of Public In- 
struction an appointee of the State Board of Education and to make him Chief Executive 
Officer of the State Board of Education. 
Referred to Constitution Committee. 

By Senator Smith: 

S.B. 319, a bill to amend the employment security law pertaining to waiver of late 
filing penalties. 

Referred to Manufacturing and Labor Committee. 

By Senator Smith: 

S.B. 320, a bill to make technical changes to the Employment Security Law. 

Referred to Manufacturing and Labor Committee. 

By Senator Smith: 

S.B. 321, a bill to make conforming changes to the Employment Security Law. 

Referred to Manufacturing and Labor Committee. 

By Senators Pollard, Allran, Blackmon, Bryan, Carpenter, Carter, Cochrane, 
Daughtry, Forrester, Hartsell, Kincaid, Shaw, Simpson, and Tally: 

S.B. 322 , a bill to modify the Statutes covering scholarships for children of war veterans . 

Referred to Higher Education Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

On motion of Senator Barnes, seconded by Senator Murphy, the Senate adjourns at 
4:00 P.M. to meet tomorrow, March 28, at 3:00 P.M. 



THIRTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 28, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, the Passover and Easter events both remind us that better times do in- 
deed follow difficult times. They remind us that when things look hopeless, there is 
sufficient reason to nurture and sustain hope. 

"We are thankful today, Father, that our faith and our traditions have a way of re- 
minding us of the Power beyond ourselves that sustains us and provides direction even 
when the way is unclear and uncertain. 



March 28, 1991 



1991] SENATE JOURNAL 177 

"Above all, we are grateful and indeed awe-struck that the God of Passover and the 
God of Easter is also the same God that knows each one of us by name , who knows when 
we come and when we go, and who knows even the contents of our hearts. Be with us 
now as we follow Your Lead for our lives and for our State. 

"In Your Name, we pray, Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, March 
27, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Royall, and Senator 
Kaplan, who are attending to personal business. 

The Chair grants courtesies of the floor to Constance Wilson, former Senator from 
Mecklenburg County. 

Without objection, on motion of Senator Barnes, the introduction of bills and resolu- 
tions is placed at the end of today's Calendar as the last item of business. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. Ill, an act to remove the sunset on the municipal participation in improve- 
ments to the State highway system. (Ch. 21) 

S.J.R. 118, a joint resolution providing for confirmation of the appointment of 
William T. Graham as Commissioner of Banks. (Res. 8) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Judiciary I Committee: 

S.B. 267, a bill to enhance the educational requirements for certified public accoun- 
tants, with a favorable report. 

By Senator Odom for the Insurance Committee: 

S.B. 227, a bill to increase the maximum benefits which the insurance commissioner 
may authorize to be paid by certain fraternal benefit societies, with a favorable report. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 20 (Committee Substitute), a bill to provide for a more efficient and equitable 
procedure for assessing and collecting local ad valorem property taxes on certain motor 
vehicles. 

Referred to Finance Committee. 

H.B. 126 (Committee Substitute), a bill to extend to certain airport authorities the 
authority to purchase property subject to a purchase money security interest. 
Referred to Finance Committee. 



March 28, 1991 



178 SENATE JOURNAL [Session 

H.B. 185, a bill to modify the scope of the Gaston County occupancy tax. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 206, a bill to specify and make uniform throughout the State the manner of 
filling vacancies in the office of register of deeds, and to clarify that the register of deeds 
term is four years in all counties. 

Referred to Judiciary I Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 190 (Committee Substitute) , a bill to incorporate the Town of Momeyer in Nash 
County, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 42, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Seymour, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Warren, and 
Winner— 42. 

Voting in the negative: None. 

On motion of Senator Cooper, the Committee Substitute bill is placed on the Calendar 
for Tuesday, April 2, upon third reading. 

H.B. 194, a bill to allow the Elizabeth City-Pasquotank County Airport Authority to 
enter into a lease with a fixed base operator. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 215 (Committee Substitute) , a bill to modify the statutes governing the Cumber- 
land Memorial Auditorium Commission. 

The Committee Substitute bill passes its second and third readings and is ordered en- 
rolled. 

H.B. 247 , a bill to provide for the establishment of a volunteer police auxiliary for the 
Mecklenburg County Police Department. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 104, a bill to eliminate a taxpayer's deduction for certain contributions of land or 
crops to account for tax credits allowed for the same contributions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 110, a bill to improve the administration of the taxes on motor fuels, special fuel, 
and motor carriers, and to temporarily restore the $40,000 cap on bonds that may be 
required of fuel distributors and suppliers, as amended, upon second reading. 

Without objection, the following Senators are excused from voting for the stated rea- 
sons: Senator Smith, "conflict of interest," and Senator Parnell, "pursuant to Rule 29." 



March 28, 1991 



1991] SENATE JOURNAL 179 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative : Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Sands, 
Seymour, Shaw, Sherron, Simpson, Soles, Staton, Tally, Walker, Ward, Warren, and 
Winner— 42. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, April 1, for 
further consideration, upon third reading. 

H.B. 13 (Committee Substitute), a bill to eliminate the franchise tax initial return 
and to increase the minimum franchise tax, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, April 1 , 
for further consideration, upon third reading. 

S. B. 112, a bill to make annual special fuel reports due the same time as annual motor 
carrier reports and to make conforming changes to the motor carrier laws to facilitate 
annual motor carrier reports, as amended by the Transportation Committee. 

The bill, as amended, passes its second (46-0) and third readings and is ordered sent 
to the House of Representatives. 

RECOMMITMENT 

H.B. 48 (Committee Substitute) , a bill to permit certain Radio Emergency Associated 
Citizens Teams (REACT) vehicles to activate amber lights while operating on the high- 
ways. 

Senator Winner offers a motion that the rules be suspended and the Committee Substi- 
tute bill be taken from the Rules and Operation of the Senate Committee and 
recommitted to the Transportation Committee, which motion prevails. 

The Chair orders the Committee Substitute bill recommitted to the Transportation 
Committee. 

CALENDAR (Continued) 

S. B. 150, a bill to allow for the production and sale of fallow deer, as amended by the 
Agriculture, Marine Resources and Wildlife Committee. 

On motion of Senator Daniel, the Finance Committee Amendment, No. 2, is 
adopted. 

The bill, as amended, passes its second (45-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives by special messenger. 

S.B. 173, a bill to change the membership of the Joint Legislative Commission on 
Future Strategies for North Carolina. 

Senator Goldston offers Amendment No. 1 which is adopted (45-0). 

Pursuant to Rule 42, on motion of Senator Plyler, the bill, as amended, is re-referred 
to the Appropriations Committee. 



March 28, 1991 



180 SENATE JOURNAL [Session 

S.B. 234, a bill to permit regional solid waste management authorities to receive an- 
nual sales tax refunds. 

The bill passes its second (43-1) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 159 (Committee Substitute), a bill to prevent a municipal ordinance or policy 
diminishing water or sewer services to an annexed area within six months of notice of 
intent to consider annexation. 

The Committee Substitute bill passes its second (44-0) and third readings and is or- 
dered enrolled. 

H.B. 263, a bill to authorize Anson, Montgomery, and Richmond Counties to enter 
into long-term contracts for disposal of solid waste. 

The bill passes its second (44-0) and third readings and is ordered enrolled. 

S.B. 209, a bill to clarify the issuance of fictitious drivers licenses and registration 
plates and to create a confidential registration file, upon third reading. 

The bill passes its third reading (42-1) and is ordered sent to the House of Representa- 
tives. 

H.B. 34 (Senate Committee Substitute) , a bill to increase the penalties for violations 
of the debt collection practices acts, upon third reading. 

The Senate Committee Substitute bill passes its third reading (44-0) and is ordered 
sent to the House of Representatives, for concurrence in the Senate Committee Substitute 
bill. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Raynor, Allran, Ballance, Basnight, Bryan, Carpenter, Carter, Coch- 
rane, Cooper, Daughtry, Forrester, Hartsell, Hyde, Martin of Pitt, Murphy, Odom, 
Parnell, Perdue, Plexico, Sands, Sherron, Smith, Staton, Tally, Ward, and Warren: 

S.B. 323, a bill to modify the Statutes covering scholarships for children of war veter- 
ans to include the children of veterans of the Persian Gulf War. 

Referred to Higher Education Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senators Walker, Ballance, Daughtry, Lee, Marvin, Richardson, and Ward: 
S.B. 324, a bill to clarify the student assignment law and to provide for the assignment 
of children of homeless individuals and of homeless children. 
Referred to Education Committee. 

By Senators Seymour, Richardson, Daniel, and Walker: 

S.B. 325, a bill to establish the times within which health care facilities may file peti- 
tions for contested case hearings. 

Referred to Judiciary I Committee. 

By Senators Seymour, Richardson, Daniel, and Walker: 

S.B. 326, a bill to establish the authority of the Department of Human Resources to 
maintain a registry of nurse aides and to include findings of abuse, neglect, and misap- 
propriation in the Nurse Aide Registry. 

Referred to Human Resources Committee. 

By Senators Ward, Martin of Guilford, Marvin, Richardson, Royall, Tally, and 
Walker: 

S.B. 327, a bill to appropriate funds to meet the need for mental health, developmen- 
tal disabilities and substance abuse services in North Carolina. 

Referred to Appropriations Committee. 



March 28, 1991 



1991] SENATE JOURNAL 181 

By Senators Ward, Conder, Hunt, Martin of Guilford, Royall, and Warren: 
S.B. 328, a bill to appropriate funds for expansion budget for the Department of Pub- 
lic Education. 

Referred to Appropriations Committee. 

By Senators Ward, Conder, Daniel, Martin of Guilford, Royall, and Warren: 
S.B. 329, a bill to make various technical and clarifying amendments to the Nursing 
Practice Act. 

Referred to Human Resources Committee. 

By Senators Speed, Basnight, Conder, Hunt, Lee, Martin of Guilford, Murphy, Par- 
nell, Perdue, and Warren: 

S.B. 330, a bill to make the obstruction of streams and ditches a strict liability of- 
fense, to increase the penalties for the obstruction of streams and ditches, and to redefine 
the authority of forest law enforcement officers to enforce the prohibition against ob- 
struction of streams and ditches. 

Referred to Environment and Natural Resources Committee. 

By Senator Johnson: 

S.B. 331, a bill to adopt model legislation of the National Association of Insurance 
Commissioners in order to promote the availability of health insurance to small employer 
groups, to prevent abusive rating practices, to require disclosure of rating practices to 
purchasers, to establish rules for continuity of coverage for employers and covered indi- 
viduals, and to improve the efficiency and fairness of the small group health insurance 
marketplace. 

Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 332, a bill to provide for criminal penalties for employers who cause termination 
of group life or health insurance coverage by nonpayment of premiums and to require 
insurers to notify employees of such nonpayment prior to termination; and to provide for 
criminal penalties for the failure by employers who self-insure for life or health benefits 
to terminate coverage of employees without prior notice to their employees. 

Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 333, a bill to make technical amendments to and corrections in the insurance 
laws. 

Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 334, a bill to rewrite the laws on third party administrators. 

Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 335, a bill to regulate multiple employer welfare arrangements that are not sub- 
ject to the Employee Retirement Income Security Act. 
Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 336, a bill to repeal the expiration date of the North Carolina Medical Database 
Commission. 

Referred to State Personnel and State Government Committee. 

By Senator Johnson: 

S.B. 337, a bill to make a technical correction in the law regarding certificates for fire 
prevention inspectors. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 



March 28, 1991 



182 SENATE JOURNAL [Session 

By Senator Johnson: 

S.B. 338 , a bill to raise miscellaneous fees collected by the Department of Insurance . 
Referred to Insurance Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Johnson: 

S.B. 339, a bill to make various substantive amendments to the insurance laws and 
other laws related to the Department of Insurance. 
Referred to Insurance Committee. 

By Senators Ballance and Odom: 

S.B. 340, a bill to make various amendments to the North Carolina Alarm Systems 
Licensing Act. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Finance Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Hyde: 

S.B. 341, a bill to increase vital records fees and to establish a nonreverting vital 
records automation fund. 

Referred to Finance Committee. 

By Senators Seymour and Odom: 

S.B. 342, a bill to amend and improve the insurance laws on the monitoring of the 
financial condition of insurance companies in accordance with the financial regulation 
standards and Insurance Department Accreditation Program of the National Associ- 
ation of Insurance Commissioners. 

Referred to Insurance Committee. 

By Senator Seymour: 

S.B. 343, a bill amending the alcoholic beverage control laws. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Simpson: 

S.B. 344 , a bill to transfer the North Carolina Clean Water Revolving Loan and Grant 
Program to the Department of Environment, Health, and Natural Resources. 
Referred to Environment and Natural Resources Committee. 

By Senator Conder: 

S.B. 345, a bill to appropriate funds to maintain and improve the Wilderness Camp- 
ing Program in North Carolina. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 346, a bill to restore the provision for purchase of out-of-state service in the 
Local Governmental Employees' Retirement System and the Teachers' and State Em- 
ployees' Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Smith: 

S.B. 347, a bill to provide that the county tax assessor shall make certain taxpayer 
business records available to the Employment Security Commission on request. 
Referred to Judiciary II Committee. 

By Senator Sherron: 

S.B. 348, a bill to amend various Statutes relating to the State Auditor. 

Referred to State Personnel and State Government Committee. 



March 28, 1991 



1991] SENATE JOURNAL 183 

By Senator Sherron: 

S.B. 349, a bill to permit the sale of easements to fill for less than fair market value. 

Referred to State Personnel and State Government Committee. 

By Senator Sherron: 

S.B. 350, a bill to provide that the State Library shall administer State publication 
guidelines. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

By Senator Conder: 

S.B. 351 , a bill to raise the maximum amount and to lower the service requirement for 
eligibility in the Register of Deeds' Supplemental Pension Fund. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Goldston, Carpenter, and Smith: 

S.B. 352, a bill to address acquisition and compensation by the Department of Trans- 
portation of property that is contaminated by leaking petroleum underground storage 
tanks and the Department's eligibility for the Commercial and Noncommercial Leaking 
Petroleum Underground Storage Tank Funds. 

Referred to Environment and Natural Resources Committee. 

By Senators Cochrane, Block, Conder, and Seymour: 

S.B. 353 , a bill to modify the membership and appointment of the State Library Com- 
mission. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

By Senators Cochrane, Block, Conder, and Seymour: 

S.B. 354, a bill to revise the duties of the members of the State Library Commission. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

By Senator Smith: 

S.B. 355, a bill authorizing the Legislative Research Commission to study the public 
records law. 

Referred to Appropriations Committee. 

By Senators Murphy, Forrester, Speed, Plexico, and Marvin: 

S.B. 356, a bill to modify penalties for violations of the communicable disease law. 

Referred to Human Resources Committee. 

By Senators Murphy, Plexico, Marvin, Ward, and Forrester: 

S.B. 357 , a bill to revise the advisory functions of the nutrition program in the Depart- 
ment of Environment, Health, and Natural Resources. 
Referred to Human Resources Committee. 

By Senators Murphy, Plexico, Marvin, Ward, and Forrester: 

S.B. 358, a bill to authorize the Department of Environment, Health, and Natural 
Resources to impose a monetary penalty for violation of rules governing nutrition stan- 
dards. 

Referred to Human Resources Committee. 

By Senators Murphy, Forrester, and Marvin: 

S.B. 359, a bill to transfer authority to set fees for screening tests for asbestosis or 
silicosis to the Secretary of Environment, Health, and Natural Resources. 

Referred to Environment and Natural Resources Committee and, upon a fa- 
vorable report, re-referred to the Finance Committee. 

By Senators Murphy, Forrester, Marvin, Plexico, Speed, and Ward: 
S.B. 360, a bill to change the definition of "imminent hazard" as it applies to Chapter 
130A of the General Statutes. 

Referred to Human Resources Committee. 



March 28, 1991 



184 SENATE JOURNAL [Session 

By Senator Simpson: 

S.B. 361, a bill to make North Carolina's capital punishment statute more equitable. 

Referred to Judiciary II Committee. 

By Senator Block: 

S.B. 362, a bill to extend the term of office of the members of the U.S.S. North 
Carolina Battleship Commission. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

By Senator Block: 

S.B. 363, a bill to clarify the inspection authority of marine fisheries inspection. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Royall: 

S.B. 364, a bill to conform the funds and accounts of the State to generally accepted 
accounting principles. 

Referred to Ways and Means Committee. 

By Senators Marvin, and Martin of Guilford: 

S.B. 365, a bill to amend the definition of "dependent child" in IV-D cases to include 
persons over eighteen but under twenty who are in high school. 
Referred to Judiciary II Committee. 

By Senators Carter and Carpenter: 

S.B. 366, a bill to provide that possession of one hundred marijuana plants is a felony 
and to reduce to ten pounds the minimum amount for trafficking in marijuana. 
Referred to Judiciary II Committee. 

By Senator Walker: 

S.B. 367, a bill to establish the Public Health Study Commission. 
Referred to Human Resources Committee, and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Plyler and Conder: 

S.B. 368 , a bill to permit the City of Monroe to dispose of certain property acquired by 
eminent domain 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler and Goldston: 

S.B. 369, a bill to provide multiyear registration plates for trailers. 
Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Goldston: 

S.B. 370, a bill to change the sales tax treatment of used items traded in as partial 
payment for a new item. 

Referred to Finance Committee. 

By Senator Goldston: 

S.B. 371, a bill to create a civil penalty for operating overdimension vehicles or com- 
binations of vehicles without or in violation of a permit. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Martin of Guilford: 

S.B. 372, a bill to make changes to the law relating to exemptions to confidentiality of 
mental health clients' records. 

Referred to Human Resources Committee. 



March 28, 1991 



1991] SENATE JOURNAL 185 

By Senator Martin of Guilford: 

S.B. 373, a bill to add four members to the North Carolina Board of Science and 
Technology. 

Referred to Higher Education Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senators Martin of Guilford and Marvin: 

S.B. 374, a bill to appropriate funds to implement the access to Civil Justice Act. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Richardson, Royall, Speed, Tally, Walker, and 
Ward: 

S.B. 375 , a bill to appropriate funds to the Division of Mental Health , Developmental 
Disabilities, and Substance Abuse Services, for the purpose of implementation of the 
Recommendations for Mental Health, Mental Retardation, and Substance Abuse Ser- 
vices in Jails. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Richardson, Royall, Speed, Tally, Walker, and 
Ward: 

S.B. 376, a bill adopting the recommendations of the Mental Health Study Commis- 
sion concerning mental health, developmental disabilities and substance abuse services 
in jails. 

Referred to Human Resources Committee. 

By Senator Tally: 

S.B. 377, a bill to allow discretion by the Secretary of Environment, Health, and 
Natural Resources as to whether to seek federal approval of any inactive hazardous sub- 
stance or waste disposal site cleanup. 

Referred to Environment and Natural Resources Committee. 

By Senators Tally and Plexico: 

S.B. 378, a bill to appropriate funds to the North Carolina Rural Water Association 
for operating expenses. 

Referred to Appropriations Committee. 

By Senator Allran: 

S.B. 379, a bill to provide that a person charged with a misdemeanor shall be finger- 
printed. 

Referred to Judiciary II Committee. 

By Senator Allran: 

S.B. 380, a bill to clarify the law relating to child support payors' notice and responsi- 
bilities. 

Referred to Judiciary II Committee. 

By Senator Allran: 

S.B. 381, a bill to require the retention of juveniles' nontestimonial records in certain 
cases. 

Referred to Judiciary II Committee. 

By Senator Allran: 

S.B. 382, a bill to change the burden of proof in paternity cases. 

Referred to Judiciary II Committee. 

By Senator Allran: 

S.B. 383, a bill to provide that compliance with child support guidelines is a sufficient 
change of circumstances. 

Referred to Judiciary II Committee. 



March 28, 1991 



186 SENATE JOURNAL [Session 

By Senator Soles: 

S.B. 384, a bill to change the procedure for issuing nonresident noncompliance re- 
ports and to make changes regarding suspension and revocation of drivers licenses. 
Referred to Judiciary II Committee. 

On motion of Senator Barnes, seconded by Senator Goldston, the Senate adjourns at 
3:55 P.M. to meet Monday, April 1, at 7:30 P.M. 



THIRTY-FIFTH DAY 

Senate Chamber, 
Monday, April 1, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, a philosopher once said 'People think that love is an emotion. In reality, 
love is good sense.' 

"Father, help us tonight to see the wisdom in these words. Help us to realize that love 
is more than sentiment, but rather commitment to the well-being of others. Indeed, 
those frail hands we take the time to strengthen today may be the hands that come to our 
rescue tomorrow. 

"Do not allow us to allocate the word 'love' to our personal vocabulary only. Help us 
to make 'love' a guiding principle in our legislative lives as well. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, March 
28, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Hunt; Senator Carter, 
who has the flu; Senator Cooper, who is out of town; Senator Lee, who is attending to 
personal business; and Senator Hartsell, who is attending a County Commission meet- 
ing and a meeting with the City of Concord. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 56, an act to authorize the City of Greensboro to levy a room occupancy and 
tourism development tax. (Ch. 22) 

S.B. 142 (Committee Substitute), an act to apply the requirement that plastic bags 
distributed at retail outlets have written notification of recyclability on the bag only to 
bags purchased by the retailer after 1 January 1991. (Ch. 23) 

S.B. 223, an act to authorize the Montgomery County Board of Education to convey 
certain property. (Ch. 24) 

H.B. 159 (Committee Substitute), an act to prevent a municipal ordinance or policy 
diminishing water or sewer services to an annexed area within six months of notice of 
intent to consider annexation. (Ch. 25) 



April 1, 1991 



1991] SENATE JOURNAL 1 8 7 

H. B. 194, an act to allow the Elizabeth City-Pasquotank County Airport Authority to 
enter into a lease with a fixed base operator. (Ch. 26) 

H.B. 215 (Committee Substitute), an act to modify the statutes governing the Cum- 
berland Memorial Auditorium Commission. (Ch. 27) 

H.B. 247, an act to provide for the establishment of a volunteer police auxiliary for 
the Mecklenburg County Police Department. (Ch. 28) 

H.B. 263, an act to authorize Anson, Montgomery, and Richmond Counties to enter 
into long-term contracts for disposal of solid waste. (Ch. 29) 

Without objection, on motion of Senator Barnes, the introduction of bills and resolu- 
tions is placed at the end of tonight's Calendar, as the last item of business. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill which is read the first time and disposed of as follows: 

H.B. 11 (Committee Substitute), a bill to apply the tire tax, used to pay for the dis- 
posal of scrap tires, to new tires for road construction equipment and other new vehicle 
tires. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 110, a bill to improve the administration of the taxes on motor fuels, special fuel, 
and motor carriers, and to temporarily restore the $40,000 cap on bonds that may be 
required of fuel distributors and suppliers, as amended, upon third reading. 

Without objection, the following Senators are excused from voting: Senator Parnell, 
"possible conflict of interest;" and Senator Smith. 

The bill, as amended, passes its third reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Cochrane, Daniel, Daughtry, Forrester, Goldston, Hyde, 
Johnson, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Odom, Perdue, 
Plexico, Plyler, Pollard, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner— 39. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives. 

H.B. 13 (Committee Substitute), a bill to eliminate the franchise tax initial return 
and to increase the minimum franchise tax, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 40, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Cochrane, Daniel, Daughtry, Forrester, Goldston, Hyde, 
Johnson, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Perdue, Plexico, Plyler, Pollard, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Tally, Walker, Warren, and Winner— 40. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 



April 1, 1991 



188 SENATE JOURNAL [Session 

S. B. 227, a bill to increase the maximum benefits which the insurance commissioner 
may authorize to be paid by certain fraternal benefit societies. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 267, a bill to enhance the educational requirements for certified public accoun- 
tants. 

The bill passes its second reading (39-3). 

Senator Winner objects to the third reading of the measure which remains on the Cal- 
endar for tomorrow, April 2, for further consideration, upon third reading. 

The President recognizes the following pages serving in the Senate this week: Warren 
Anthony Be vaqua, Raleigh; Laura Elledge, North Wilkesboro; Mark Gentry, Goldsbo- 
ro; Meredith C. Gerhard, Raleigh; Bryan Gregory Gorham, Hickory; JaymeD.Head, 
Raleigh; Stephanie Lee House, Greenville; Iain Edward Jenkins, Charlotte; Angela 
Jernigan, Mt. Olive; Curtis Bernard King, Wilmington; Jonathan Marcus King, 
Raleigh; Tracy Foushee, Rockingham; Steven D. Periconi, Hickory; Timothy Forest 
Roberts, Gastonia; Suzanne M. Rouse, Greenville; Elizabeth Blair Sowers, Salisbury; 
Candace A. Worth, Raleigh; Jennifer L. Wemhoff, Raleigh; and Dennis L. Wortham, 
Raleigh. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Sherron: 

S.B. 385, a bill to protect the security of occupational licensing examinations. 

Referred to State Personnel and State Government Committee. 

By Senators Winner, Ballance, Basnight, Daniel, Hunt, Hyde, Johnson, Kaplan, 
Martin of Guilford, Marvin, Odom, Raynor, Richardson, Sands, Seymour, Staton, 
Walker, and Ward: 

S.B. 386, a bill to repeal those portions of the General Statutes that limit the Environ- 
mental Management Commission to the adoption of environmental rules regarding water 
quality and air quality that are no more restrictive than federal environmental regula- 
tions. 

Referred to Environment and Natural Resources Committee. 

By Senators Winner and Hyde: 

S.B. 387, a bill to allow a local governing body to delegate the authority to submit 
written objections to the issuance of ABC permits to a designated official or employee. 
Referred to Alcoholic Beverage Control Committee. 

By Senators Perdue and Parnell: 

S.B. 388 , a bill to appropriate funds to make advanced placement courses available to 
all students of the public high schools. 

Referred to Appropriations Committee. 

By Senators Perdue, Basnight, and Block: 

S.B. 389, a bill to abolish the North Carolina Marine Science Council, to create the 
North Carolina Council on Ocean Affairs, and to require the Office of Marine Affairs to 
administer the North Carolina aquariums. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and, 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Simpson: 

S.B. 390, a bill to amend the definition of "commercial" as applied to hazardous 
waste facilities. 

Referred to Environment and Natural Resources Committee. 



April 1, 1991 



1991] SENATE JOURNAL 189 

By Senator Hartsell: 

S.B. 391, a bill to allow the condemnation of property of private condemnors where 
such property is in actual public use or is necessary to the operation of the business of the 
owner if such taking will not unreasonably impair or restrict the use of the property by the 
owner as recommended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senators Hartsell and Soles: 

S.B. 392, a bill to clarify that the time period for renouncing a future interest under 
G.S. 31B-2 may differ from the time period for a qualified disclaimer for federal estate 
tax purposes as recommended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senators Hartsell and Soles: 

S.B. 393, a bill to be known as the North Carolina Uniform Custodial Trust Act and 
to make conforming amendments to the Power of Attorney Statutes as recommended by 
the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senators Hartsell and Soles: 

S.B. 394, a bill to make a technical amendment regarding the renunciation of an 
intestate interest as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senators Hartsell and Soles: 

S.B. 395, a bill to provide for the termination of inefficient small trusts as recom- 
mended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senators Hartsell and Soles: 

S.B. 396, a bill governing the voting of shares of corporate stock or other securities by 
joint personal representatives and cotrustees as recommended by the General Statutes 
Commission. 

Referred to Judiciary I Committee. 

By Senators Hartsell and Soles: 

S.B. 397, a bill to amend G.S. 55-1-22 to increase the fee for copying filed docu- 
ments and to provide for charging a fee to compare a copy to the original as recom- 
mended by the General Statutes Commission. 

Referred to Finance Committee. 

By Senators Hartsell and Soles: 

S.B. 398, a bill to amend the Business Corporation Act and make a conforming 
amendment to G.S. 47-18.1 as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senators Hartsell and Soles: 

S.B. 399, a bill to reduce from six to three months the time for presentation of claims 
against a decedent's estate as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senator Sherron: 

S.B. 400, a bill to provide that the Department of Cultural Resources shall issue ar- 
chaeological permits. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

By Senator Sherron: 

S.B. 401, a bill to allow the Employment Security Commission to share certain infor- 
mation with the State Controller. 

Referred to Manufacturing and Labor Committee. 



April 1, 1991 



190 SENATE JOURNAL [Session 

By Senator Sherron: 

S.B. 402, a bill giving students at the constituent institutions of the University of 
North Carolina access to the State telephone network. 
Referred to Public Utilities Committee. 

By Senator Simpson: 

S.B. 403, a bill to provide increased sentences for crimes committed with ethnic ani- 
mosity. 

Referred to Judiciary II Committee. 

By Senators Perdue, Warren, and Plexico: 

S.B. 404, a bill to allow law enforcement officers who are members of the Teachers' 
and State Employees' Retirement System or the Local Government Employees' Retire- 
ment System to retire with unreduced benefits after completing twenty-five years of ser- 
vice. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 405, a bill to establish the Martin Luther King, Jr. Holiday Commission. 
Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Walker and Tally: 

S.B. 406, a bill to appropriate funds to the underground storage tank program. 

Referred to Appropriations Committee. 

By Senators Walker, Marvin, Ward, Warren, and Plexico: 
S.B. 407, a bill to establish the Public Health Study Commission. 
Referred to Rules and Operation of the Senate Committee and, upon a favor- 
able report, re-referred to the Appropriations Committee. 

By Senators Walker, Martin of Guilford, Tally, Ward, and Conder: 
S.B. 408, a bill further continuing the Mental Health Study Commission. 
Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 409, a bill to increase the maximum civil penalty which may be assessed for 
violations of air quality standards or limitations and to correct a cross-reference. 
Referred to Environment and Natural Resources Committee. 

By Senators Walker, Basnight, and Tally: 

S.B. 410, a bill to amend the Environmental Policy Act of 1971 and to make the Act 
permanent. 

Referred to Environment and Natural Resources Committee. 

By Senators Walker, Basnight, and Tally: 

S.B. 411, a bill to abolish the Perinatal Health Care Program Advisory Council. 

Referred to Human Resources Committee. 

By Senators Walker, Basnight, and Tally: 

S.B. 412, a bill to amend certification requirements for water treatment facility opera- 
tors. 

Referred to Environment and Natural Resources Committee. 

By Senator Block: 

S.B. 413, a bill to modify the statutory description of the State Flag. 

Referred to State Personnel and State Government Committee. 



April 1, 1991 



1991] SENATE JOURNAL 191 

By Senator Soles: 

S.B. 414, a bill to amend the revised Uniform Limited Partnership Act. 

Referred to Judiciary I Committee. 

By Senator Soles: 

S.B. 415, a bill to authorize the Parole Commission to parole certain misdemeanants 
but continue to supervise them for a period to be determined by the Commission, to give 
parole violators credit for time spent successfully in the community on parole, and to 
make community service parole flexible by allowing the Parole Commission to determine 
the amount of service and time period for service. 

Referred to Judiciary I Committee. 

By Senator Soles: 

S.B. 416, a bill to require the Court to aware reasonable attorneys' fees to prevailing 
plaintiffs in claims involving home construction. 
Referred to Judiciary I Committee. 

By Senator Johnson: 

S.B. 417, a bill to provide a uniform procedure for the siting of electric transmission 
lines as recommended by the Utilities Commission. 
Referred to Public Utilities Committee. 

By Senator Johnson: 

S.B. 418, a bill to provide rule-making authority to the North Carolina Low-Level 
Radioactive Waste Management Authority for compensating landowners for loss of val- 
ue in property directly resulting from the siting or operation of a low-level radioactive 
waste facility and to amend certain provisions of Chapter 104G of the General Statutes 
relating to taxes so as to increase the benefits available to the host county of a low-level 
radioactive waste disposal facility. 

Referred to Environment and Natural Resources Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Johnson: 

S.B. 419, a bill to allow filing of Court papers by telefacsimile transmission pursuant 
to rules established by the Supreme Court and the Administrative Officer of the Courts. 
Referred to Judiciary I Committee. 

By Senators Daughtry and Simpson: 

S.B. 420, a bill to provide that first degree murder under the felony murder rule in- 
cludes deaths occurring during felony drug offenses and death proximately caused by 
overdose. 

Referred to Judiciary II Committee. 

By Senator Perdue: 

S.B. 421 , a bill to appropriate funds to the Department of Economic and Community 
Development for the North Carolina Employment and Training Program. 
Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 422, a bill to make clarifying changes to the laws concerning the Sheriffs' Edu- 
cation and Training Standards Commission. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senator Sands: 

S.B. 423, a bill to change the statute of limitations for all wrongful death actions to 
within three years of the date of death. 
Referred to Judiciary II Committee. 



April 1, 1991 



192 SENATE JOURNAL [Session 

By Senator Sands: 

S. B. 424, a bill to expand the authority of the Administrative Officer of the Courts to 
contract for the services of private attorneys for specialized representation of indigents 
and to expand the authority of the Courts to require payment of attorneys' fees by parents 
who are financially able to pay. 

Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 425, a bill to authorize the State Personnel Commission to adopt rules for disci- 
plinary actions. 

Referred to State Personnel and State Government Committee. 

By Senator Sands: 

S.B. 426 , a bill to revise and recodify as Chapter 1 A the Statutes relating to notaries . 
Referred to Judiciary II Committee and, upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Sands: 

S.B. 427, a bill to provide a grace period for military personnel to renew occupational 
licenses expiring during deployment or active duty, and to discount fees. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senator Sands: 

S.B. 428, a bill to provide for a review of the effect of the creation or expansion of a 
State department on the Department of Justice. 

Referred to State Personnel and State Government Committee. 

By Senator Sands: 

S.B. 429, a bill to amend the unemployment insurance law pertaining to hearings. 

Referred to Manufacturing and Labor Committee. 

By Senator Sands: 

S.B. 430, a bill to amend the Wine Distribution Agreements Act. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Sands: 

S.B. 431, a bill to improve required and advanced training of law enforcement offi- 
cers. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee and, upon a favorable report, re-referred to the Finance Com- 
mittee. 

By Senator Cooper: 

S.B. 432, a bill to create the Special Industrial Commission Fund for the operation of 
the Industrial Commission and to direct that a portion of the tax paid on workers' com- 
pensation premiums be paid to this Fund. 

Referred to Manufacturing and Labor Committee and, upon a favorable 
report, re-referred to the Finance Committee. 

By Senator Cooper: 

S.B. 433, a bill to authorize Nash County to collect solid waste fees in the same man- 
ner as ad valorem taxes. 

Referred to Finance Committee. 

By Senator Cooper: 

S.B. 434, a bill to make certain technical amendments to the Workers' Compensa- 
tion Act. 

Referred to Manufacturing and Labor Committee. 



April 1, 1991 



1991] SENATE JOURNAL 193 

By Senators Simpson, Carter, and Forrester: 

S.B. 435, a bill providing for Block Grant funding of public education funds to local 
school districts. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Smith: 

S.B. 436, a bill to add two new members to the Parole Commission and to provide for 
staggered terms for all members of the Parole Commission. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Smith: 

S.B. 437, a bill to amend the Safe Roads Act. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Judiciary II Committee. 

By Senator Walker: 

S.B. 438, a bill to allow the Department of Environment, Health, and Natural Re- 
sources to protect certain confidential information. 
Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 439, a bill to provide clarification on the application of the various provisions of 
Chapter 126 of the General Statutes to the different categories of State employees. 
Referred to State Personnel and State Government Committee. 

By Senator Odom: 

S.B. 440 , a bill to amend the Constitution to permit the issuance of local government 
bonds to finance the public portion of urban redevelopment or economic development 
projects. 

Referred to Constitution Committee. 

By Senator Perdue: 

S.B. 441, a bill regarding the training of public school administrators at institutions of 
higher education. 

Referred to Higher Education Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senator Block: 

S.B. 442, a bill to allow Legislators serving in January 1985 to purchase creditable 
service in the Legislative Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Block: 

S.B. 443 , a bill to authorize the State Board of Education to adopt rules regarding the 
disposition of old textbooks and other instructional material. 
Referred to Education Committee. 

By Senators Marvin and Parnell: 

S.B. 444, a bill regarding implementation of recommendations of the State Law En- 
forcement Study. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee and, upon a favorable report, re-referred to the Appropri- 
ations Committee. 



April 1, 1991 



194 SENATE JOURNAL [Session 

By Senator Ward: 

S.B. 445, a bill to appropriate funds for Mental Health Study Commission and Coali- 
tion '91 plans for mental health, developmental disabilities and substance abuse services 
in North Carolina. 

Referred to Appropriations Committee. 

By Senators Perdue and Royall: 

S.B. 446, a bill to provide the Student Achievement Act of 1991. 
Referred to Education Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Daughtry: 

S.B. 447, a bill to permit vehicles transporting heating fuel to exceed limits on light- 
traffic roads. 

Referred to Transportation Committee. 

By Senator Daniel: 

S.B. 448, a bill to amend the Water Supply Watershed Protection Act by delaying the 
enforcement date, clarifying local and State powers and duties, and improving enforce- 
ment of the protection program. 

Referred to Environment and Natural Resources Committee. 

By Senator Daniel: 

S.B. 449, a bill to require operating permits for community water systems regulated 
under the North Carolina Drinking Water Act and to authorize the collection of fees for 
such permits. 

Referred to Human Resources Committee and, upon a favorable report, re- 
referred to the Finance Committee. 

By Senator Daniel: 

S.B. 450 , a bill to provide for the certification of water pollution control system opera- 
tors by expanding the functions of the Wastewater Treatment Plant Operators Certifica- 
tion Commission and to rename the Commission as the Water Pollution Control System 
Operators Certification Commission. 

Referred to Environment and Natural Resources Committee and, upon a fa- 
vorable report, re-referred to the Finance Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 451, a bill to improve the investigation and enforcement of crimes against the 
environment, to declare unlawful discharges to be crimes and to establish a three-year 
statute of limitation for the collection of certain environmental civil penalties. 

Referred to Environment and Natural Resources Committee. 

By Senator Odom: 

S.B. 452, a bill to permit North Carolina cities and counties to issue bonds to finance 
economic development and urban redevelopment. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Odom: 

S.B. 453, a bill to clarify the public enterprise law with respect to stormwater utilities 
established by cities and counties and to give water and sewer authorities the ability to 
operate and finance stormwater utilities. 

Referred to Public Utilities Committee and, upon a favorable report, re-referred 
to the Finance Committee. 



April 1, 1991 



1991] SENATE JOURNAL 1 9 5 

By Senator Tally: 

S.B. 454, a bill to authorize the issuance of stop-work orders for violations of the 
Sedimentation Pollution Control Act of 1973. 

Referred to Environment and Natural Resources Committee. 

By Senator Tally: 

S.B. 455, a bill to provide for the control of aquatic weeds. 

Referred to Environment and Natural Resources Committee. 

By Senators Tally and Plexico: 

S.B. 456, a bill to strengthen the Sedimentation Pollution Control Act. 

Referred to Environment and Natural Resources Committee. 

By Senators Martin of Guilford and Seymour: 

S.B. 457 , a bill to consolidate all of the school administrative units in Guilford County 
or to provide for the two city school administrative units in that County to have bound- 
aries coterminous with the cities, subject to a referendum. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Sherron: 

S.B. 458 , a bill making technical changes to the laws administered by the Office of the 
State Controller and to repeal obsolete laws. 

Referred to State Personnel and State Government Committee. 

By Senators Speed, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plexico, Ray- 
nor, and Tally: 

S.B. 459, a bill to increase the civil penalties which may be assessed for violation of 
the Well Construction Act. 

Referred to Environment and Natural Resources Committee. 

By Senators Speed, Parnell, Martin of Pitt, Basnight, and Martin of Guilford: 
S.B. 460, a bill to authorize the Wildlife Resources Commission to issue proclama- 
tions suspending or extending the hook-and-line season for striped bass fishing. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Speed: 

S.B. 461, a bill to authorize Franklin County to collect solid waste fees in the same 
manner as ad valorem taxes. 

Referred to Finance Committee. 

By Senators Parnell and Speed: 

S.B. 462 , a bill to add an Indian member from the Meherrin Tribe to the Commission 
on Indian Affairs and to make certain technical changes. 

Referred to State Personnel and State Government Committee. 

By Senators Speed and Royall: 

S.B. 463, a bill to authorize State assistance and intervention in low performing 
school units. 

Referred to Education Committee. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns at 
8:00 P.M. to meet tomorrow, April 2, at 1:00 P.M. 



April 1, 1991 



196 SENATE JOURNAL [Session 

THIRTY-SIXTH DAY 

Senate Chamber, 
Tuesday, April 2, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, so many times we major in the minors. We fill up our days with things 
that in the long run do not serve others or You. 

"And so we ask for Your help each day in sifting through the things that vie for our 
attention. Give us good judgment as we make important choices about what we include 
in our daily schedules. 

"Above all, remind us that You do not give advice unless we seek it. So, give us the 
resolve to seek You out, confident that when we do, we will make better decisions about 
all the components of our lives. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 1 , 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grant leaves of absence for today to Senator Lee and Senator Hartsell. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 13 (Committee Substitute), an act to eliminate the franchise tax initial return 
and to increase the minimum franchise tax. (Ch. 30) 

S.J.R. 236, a joint resolution honoring the life and memory of James Earl "Jim" 
Ezzell, Jr., late member of the General Assembly. (Res. 9) 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Marvin: 

S.B. 464, a bill to begin the process of adopting a reformed, universal, State-admi- 
nistered child support system in North Carolina. 

Referred to Judiciary II Committee and, upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Marvin: 

S.B. 465, a bill to transfer the community penalties program from the Department of 
Crime Control and Public Safety to the Administrative Office of the Courts. 
Referred to Judiciary II Committee. 

By Senators Basnight, Plyler, Royall, and Warren: 

S.B. 466, a bill to amend Chapter 965 of the 1989 Session Laws to provide changes 
only with respect to a project wholly self-liquidating. 
Referred to Finance Committee. 



April 2, 1991 



1991] SENATE JOURNAL 197 

By Senator Goldston: 

S.B. 467, a bill to reduce the amount of Highway Trust Fund revenue that can be used 
for administrative expenses. 

Referred to Appropriations Committee. 

By Senators Staton, Johnson, and Sherron: 

S.B. 468, a bill to provide that lewd films are included in the definition of nuisance. 

Referred to Judiciary I Committee. 

The President recognizes additional pages serving in the Senate this week: Ann Peyton 
Hancock, Oxford; and Tricia Leagan, Raleigh. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 190 (Committee Substitute) , a bill to incorporate the Town of Momeyer in Nash 
County, upon third reading. 

On motion of Senator Cooper, consideration of the Committee Substitute bill is post- 
poned until tomorrow, April 3. 

S.B. 225, a bill to give local boards of education elected on a district basis similar 
power as cities to redistrict. 

On motion of Senator Winner, consideration of the bill is postponed until Tuesday, 
April 9. 

S.B. 267, a bill to enhance the educational requirements for certified public accoun- 
tants, upon third reading. 

On motion of Senator Daniel, further consideration of the bill is postponed until Tues- 
day, April 9. 

INTRODUCTION OF BILL 

Senator Forrester offers a motion that the rules be suspended to allow the introduction 
and referral to committee of the following bill, which motion prevails by a two-thirds 
majority vote. 

By Senators Forrester, Carter, and Walker: 

S.B. 470, a bill to authorize magistrates to issue custody orders for transportation of 
clients between twenty-four-hour facilities. 

Referred to Human Resources Committee. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
1:30 P.M. to meet tomorrow, April 3, at 3:00 P.M. 



THIRTY-SEVENTH DAY 

Senate Chamber, 

Wednesday, April 3, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



April 3, 1991 



198 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father and Our Lord, we come to You today seeking guidance and strength. The 
responsibilities of leadership and decision-making do at times seem larger than we are. 

"In those moments help us to remember one who felt he did not have the skills or the 
experience necessary to do the job being asked of him. Help us to remember that Your 
response to his self-doubt was that You would be with him. That was all — that You 
would be with him. 

"Thank You, Father, that Your servant Moses listened and believed in You. Help us 
to learn from the example of his life. Help us to realize that when we rely solely on our 
own skill, we are at that moment building our house on the sand, but when we collaborate 
with You in our work and in our lives, then we are building on a foundation that is as solid 
as rock, and cannot be shaken. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 2, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Ballance and to Senator 
Block, who has matters requiring his presence in Wilmington. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Conder for the Education Committee: 

H.B. 264, a bill to provide for the election of the Anson County Board of Education 
from seven single-member districts, with two at large, with a favorable report. 

By Senator Soles for the Judiciary I Committee: 

S.B. 245, a bill to enhance the enforcement provisions of the North Carolina Securi- 
ties Act and the Investment Advisers Act, with an unfavorable report as to bill, but favor- 
able as to Committee Substitute Bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for tomorrow, April 4, for further consideration. 

H.B. 157 (Committee Substitute) , a bill to amend the Charter of the City of Greens- 
boro with respect to fair housing, with an unfavorable report as to Committee Substitute 
bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee Sub- 
stitute bill is placed before the Senate for immediate consideration and, on his further 
motion, the Senate Committee Substitute bill is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, April 4, for further consideration. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 84, a bill to repeal the sunset on legislation authorizing Currituck County to levy 
an excise tax on instruments conveying real property, with a favorable report. 
On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

H.B. 119, a bill to extend the corporate limits of the Town of Pineville, with a favor- 
able report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 



April 3, 1991 



1991] SENATE JOURNAL 199 

H.B. 185, a bill to modify the scope of the Gaston County occupancy tax, with a 
favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

H.B. 193, a bill to allow Currituck County to establish a special leash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of the 
leash law, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

S . B . 299 , a bill to incorporate the Town of Le wisville in Forsyth County , with a favor- 
able report. 

By Senator Sherron for the State Personnel and State Government Committee : 

S. B. 53, a bill to require a repair and renovation budget item, with a favorable report. 
On motion of Senator Sherron, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 183, a bill to require State agencies study how best to coordinate State agencies' 
programs and services for the homeless, with a favorable report. 

On motion of Senator Sherron, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 213, a bill to remove certain land in Hammocks Beach State Park from the State 
Nature and Historic Preserve and the State Parks System to allow the exchange of prop- 
erty for boundary management, with a favorable report. 

S.B. 217, a bill to require the Department of Administration to have one full-time 
position for procurement of recycled products, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. lis adopted, changing the title to read S.B. 217, a bill 
to require the Department of Administration to have one full-time position for sale and 
procurement of recycled products. 

The Chair orders the bill, as amended, engrossed and re-referred to the Appropri- 
ations Committee. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Sands and Goldston: 

S.B. 469, a bill to authorize Rockingham County to levy a room occupancy and tour- 
ism development tax. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Basnight, Daniel, Plexico, and Blackmon: 

S.B. 471, a bill to change the general drivers license renewal cycle from four years to 
five years and to make uniform the requirements for obtaining a drivers license. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Daniel: 

S.B. 472, a bill to revise the drivers license law to harmonize the commercial drivers 
license provisions with the regular drivers license provisions, to clarify the effect of a 
disqualification to drive a commercial motor vehicle, and to impose a fee for a 



April 3, 1991 



200 SENATE JOURNAL [Session 

motorcycle endorsement, a commercial learner's permit, and the restoration of a license 
after disqualification. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Soles: 

S.B. 473, a bill to protect the efficacy of certain judgments entered in reliance upon 
documents notarized by attorneys. 

Referred to Judiciary I Committee. 



EXECUTIVE ORDERS 

Executive Orders received are presented to the Senate, read, and referred to commit- 
tee, as follows: (See Appendix) 

Executive Order Number 138, Amending Executive Order Number 137, Escrow- 
ing Contributions to the Teachers' and State Employees' Retirement System. 
Referred to Pensions and Retirement Committee. 

Executive Order Number 139, Establishing the Governor's Volunteer Advisory 
Council. 

Referred to State Personnel and State Government Committee. 



CALENDAR 

A bill on the Calendar is taken up and disposed of as follows: 

S.B. 190 (Committee Substitute) , a bill to incorporate the Town of Momeyer in Nash 
County, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Roy- 
all, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

REPORTS TO THE GENERAL ASSEMBLY 

Pursuant to Section 130A-309. 14(b) (c)(d) and (e) of S.B. Ill of the 1989 Session of 
the General Assembly, the North Carolina Department of Economic and Community 
Development submits the Assessment of the Recyclable Materials Markets and Market 
System in North Carolina Report and the Technical and Market Development Analysis 
for Compost Materials in North Carolina Report. 

The Senate accepts the Reports, which are ordered placed on file in the Legislative 
Library. (See Addendum) 

Without objection, on motion of Senator Pollard, the Chair grants courtesies of the 
floor to Patricia Lynn Arnold, Miss North Carolina/USA. The Chair directs Senator 
Pollard to escort Miss North Carolina/USA to the Well of the Senate. Senator Pollard 
introduces Patricia Lynn Arnold to the membership, where she briefly addresses the 



April 3, 1991 



1991] SENATE JOURNAL 201 

Members of the Senate. Senator Pollard escorts Miss North Carolina/USA from the 
Chamber. 

WITHDRAWAL FROM COMMITTEE 

S.B. 183, a bill to require State agencies study how best to coordinate State agencies' 
programs and services for the homeless. 

Senator Sherron offers a motion that the rules be suspended and the bill reported from 
the State Personnel and State Government Committee earlier today be taken 
from the Appropriations Committee and placed on the Calendar for tomorrow, 
April 4, which motion prevails. 

The Chair orders the bill placed on the Calendar for tomorrow, April 4. 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
3:30 P.M. to meet tomorrow, April 4, at 3:00 P.M. 



THIRTY-EIGHTH DAY 

Senate Chamber, 
Thursday, April 4, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, give to us eyes to see those places where our lives and Your activity in this 
world intersect. 

"Give to us ears to hear the subtle difference between truth and half-truth. 

"Give to us a mind that is receptive to ideas that are timely and creative. 

"Give to us a heart that carries within it a burden for those less fortunate than our- 
selves. 

"Remind us Father, that if we do open our eyes and ears, our minds and our hearts to 
Your Truth, then there is no limit to what we can accomplish. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 3, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Richardson, who has an 
emergency at home, to Senator Winner, and Senator Block. 

The President grants courtesies of the floor to Charles W. Hipps, former Senator from 
Haywood County. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Judiciary I Committee: 

S.B. 399, a bill to reduce from six to three months the time for presentation of claims 
against a decedent's estate as recommended by the General Statutes Commission, with a 
favorable report. 



April 4, 1991 



202 SENATE JOURNAL [Session 

S.B. 419, a bill to allow filing of Court papers by telefacsimile transmission pursuant 
to rules established by the Supreme Court and the Administrative Officer of the Courts, 
with a favorable report. 

By Senator Sands for the Judiciary II Committee: 

S.B. 347, a bill to provide that the county tax assessor shall make certain taxpayer 
business records available to the Employment Security Commission on request, with a 
favorable report. 

S.B. 424, a bill to expand the authority of the Administrative Officer of the Courts to 
contract for the services of private attorneys for specialized representation of indigents 
and to expand the authority of the Courts to require payment of attorneys' fees by parents 
who are financially able to pay, with a favorable report. 

S.B. 384, a bill to change the procedure for issuing nonresident noncompliance re- 
ports and to make changes regarding suspension and revocation of drivers licenses, with 
a favorable report, as amended. 

By Senator Daniel for the Finance Committee: 

S.B. 114, a bill to repeal inheritance tax exemptions for certain types of property , with 
a favorable report. 

On motion of Senator Daniel, the bill is placed on the Calendar for Tuesday, April 9. 

S.B. 166, a bill to require the Department of Human Resources, Division of Aging, to 
charge fees for in-home and community-based services, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Daniel, the Committee Substitute bill is placed on the Calendar 
for Tuesday, April 9, for further consideration. 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife Com- 
mittee: 

S.B. 149, a bill to include horticulture within the Agricultural Development Act, with 
a favorable report, as amended. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Hyde: 

S.B. 474, a bill to provide that unincorporated areas added to an existing sewerage 
district are represented by the members representing the county in which the areas lie. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Kincaid: 

S.B. 475, a bill to require the Wildlife Resources Commission to modify the bound- 
aries of a portion of the Daniel Boone Bear Sanctuary located in Caldwell and Avery 
Counties. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Murphy, Block, Carpenter, Conder, Cooper, Marvin, Sherron, Smith, 
Staton, and Walker: 

S.B. 476, a bill to regulate the temperature of home water heaters to help reduce the 
risk of injuries and death. 

Referred to Human Resources Committee. 



April 4, 1991 



1991] SENATE JOURNAL 203 

By Senator Block: 

S.B. 477, a bill to permit New Hanover County to provide procedures for evaluating 
contractors by ordinance. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 478, a bill to require that applicable local zoning requirements must be satisfied 
to obtain an ABC permit. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Daughtry: 

S.B. 479, a bill to extend the corporate limits of the Town of Smithfield to include the 
Johnston County Country Club. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Richardson: 

S.B. 480, a bill to authorize Mecklenburg County to adopt an ordinance levying an 
admissions tax on certain events. 
Referred to Finance Committee. 

By Senators Basnight, Plyler, Royall, Kaplan, and Ward: 

S.B. 481, a bill to authorize the construction and the financing, without appropri- 
ations from the General Fund, of a capital improvements project at Winston-Salem State 
University. 

Referred to Appropriations Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Basnight, Plyler, Royall, Lee, and Walker: 

S.B. 482, a bill to authorize the construction and the financing, without appropri- 
ations from the General Fund, of certain capital improvements projects of the constituent 
institutions of the University of North Carolina and the University of North Carolina 
Hospitals at Chapel Hill. 

Referred to Appropriations Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Basnight, Plyler, Royall, Lee, and Walker: 

S.B. 483, a bill to amend Chapter 745 of the 1989 Session Laws to increase the autho- 
rized project cost of a wholly self-liquidating research facility to be leased to the United 
States Environmental Protection Agency by the University of North Carolina at Chapel 
Hill. 

Referred to Appropriations Committee and, upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Seymour (by request), and Senator Martin of Guilford: 
S.B. 484, a bill to authorize the City of High Point to levy a room occupancy tax. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Hyde: 

S.B. 485, a bill to reform the election laws. 

Referred to Election Laws Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 



April 4, 1991 



204 SENATE JOURNAL [Session 

H.B. 224, a bill to provide that an appeal for a trial de novo may be withdrawn after 
the calendaring of the case upon consent of the court and the attachment of court costs. 
Referred to Judiciary I Committee. 

H.B. 339, a bill to exempt Pasquotank County from the requirements of Article 12 of 
Chapter 160A of the General Statutes as to the lease or sale of certain property. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 356, a bill making a qualified exception from the Public Records Act for the 
Lincoln County Geographical Information System. 

Referred to Local Government and Regional Affairs Committee. 



APPOINTMENT BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read the following message 
from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27611 



April 4, 1991 

The Honorable James C. Gardner 

Lieutenant Governor 

State Capitol 

Raleigh, North Carolina 27611 

Dear Governor Gardner: 

Pursuant to North Carolina General Statute 115C-10, I hereby appoint Thomas W. 
D' Alonzo and Kenneth R. Harris to the State Board of Education to serve terms begin- 
ning immediately, and expiring March 31, 1999. These appointments are subject to 
confirmation by the General Assembly by joint resolution, and I hereby submit their 
names for confirmation. 

I have enclosed biographical information on both Mr. D' Alonzo and Mr. Harris. Please 
feel free to contact them should you need any additional information, or to inform them 
of any committee meeting that they would need to attend concerning their confirmation. 

Sincerely, 

S/James G. Martin 
Governor 

Referred to Education Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 157 (Senate Committee Substitute), a bill to amend the Charter of the City of 
Greensboro with respect to fair housing. 

The Senate Committee Substitute bill passes its second (39-4) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 



April 4, 1991 



1991] SENATE JOURNAL 205 

H.B. 264, a bill to provide for the election of the Anson County Board of Education 
from seven single-member districts, with two at large. 

The bill passes its second (43-0) and third readings and is ordered enrolled. 

S. B. 213, a bill to remove certain land in Hammocks Beach State Park from the State 
Nature and Historic Preserve and the State Parks System to allow the exchange of prop- 
erty for boundary management, upon second reading. 

Receiving a three-fifths majority affirmative vote, the bill passes its second reading by 
roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, Mar- 
vin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, Sands, Seymour, 
Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Walker, Ward, and Warren— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 8, for further consider- 
ation, upon third reading. 

S. B. 183, a bill to require State agencies study how best to coordinate State agencies' 
programs and services for the homeless. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S. B. 245 (Committee Substitute) , a bill to enhance the enforcement provisions of the 
North Carolina Securities Act and the Investment Advisers Act. 

The Committee Substitute bill passes its second reading (43-0). 

Senator Ballance objects to the third reading of the measure, which remains on the 
Calendar for Monday, April 8, for further consideration, upon third reading. 

Without objection, on motion of Senator Seymour, the Chair grants courtesies of the 
floor to Mr. David Phillips of High Point, who represents the Furniture Market, and to 
Mr. Jim Fogleman of Greensboro, who is the Chairman of the Greater Greensboro Open 
Golf Tournament. The Chair directs Senator Seymour, Senator Martin of Guilford, and 
Senator Shaw to escort Mr. Phillips and Mr. Fogleman to the Well of the Senate. Sena- 
tor Seymour introduces Mr. Phillips and Mr. Fogleman to the membership. Mr. Phillips 
extends an invitation to the members of the Senate to attend the Furniture Market on 
April 25, in High Point, and Mr. Fogleman extends an invitation to the members of the 
Senate to attend the Greater Greensboro Open Golf Tournament in Greensboro on April 
26. Senator Seymour escorts Mr. Phillips and Mr. Fogleman from the Chamber. 

On motion of Senator Barnes, seconded by Senator Marvin, the Senate adjourns at 
3:45 P.M. to meet Monday, April 8, at 8:00 P. M. 



THIRTY-NINTH DAY 

Senate Chamber, 
Monday, April 8, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, someone once said, 'We use our minds the least when we talk about 
others. We use our minds in an average way when we talk about things. But we put our 
minds to the best use when we discuss ideas.' 



April 8, 1991 



206 SENATE JOURNAL [Session 

"Father, we come to You tonight confessing that each one of us is, at times, guilty of 
using the power of our minds for purposes that are not constructive but are self-serving. 
Forgive us when we use our minds to dwell on the shortcomings of others and on our 
desire for things. Instead, enable us to think clearly and consistently about ideas that will 
solve problems and that will serve our fellow women and men, especially those children 
of Yours called North Carolinians. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, April 4, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for tonight to Senator Martin of Pitt, who is 
attending a meeting in Rocky Mount. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S . B . 101, an act to authorize the City of Greensboro to levy a motor vehicle tax not to 
exceed ten dollars. (Ch. 31) 

S. B. 158, an act to require that the Department of Human Resources study the current 
reimbursement system for domiciliary homes and recommend changes. (Ch. 32) 

H. B. 264, an act to provide for the election of the Anson County Board of Education 
from seven single-member districts, with two at large. (Ch. 33) 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Bryan and Allran: 

S.B. 486, a bill to authorize the Alexander County Board of Education to redistrict. 

Referred to Education Committee. 

By Senator Bryan: 

S.B. 487, a bill to authorize Iredell County to collect solid waste fees in the same 
manner as ad valorem taxes and, in the case of nonpayment, to impose a lien on real 
property and to use all the remedies that may be used for the collection of delinquent ad 
valorem taxes. 

Referred to Finance Committee. 

By Senators Forrester and Carter: 

S.B. 488, a bill to require registration officials to forward to county boards of elections 
completed applications to register no later than forty-eight hours after the close of regis- 
tration. 

Referred to Election Laws Committee. 

By Senator Sherron: 

S.B. 489, a bill to require an economic benefits and costs study by units of local gov- 
ernment before the passage of regulations affecting real estate development, improve- 
ments, or restrictions. 

Referred to Economic Development Committee. 



April 8, 1991 



1991] SENATE JOURNAL 207 

By Senator Simpson: 

S.B. 490, a bill to modify the authorities of Burke County and the municipalities 
therein to undertake local development activities. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Carpenter and Plexico: 

S.B. 491, a bill to change the manner of election of the Clay County Board of Educa- 
tion from partisan to nonpartisan. 

Referred to Education Committee. 

By Senators Kincaid and Simpson: 

S.B. 492, a bill to change the date of the nonpartisan Avery County School Board 
election from May to November. 

Referred to Education Committee. 

By Senator Marvin: 

S.B. 493, a bill to change the pay date for certain employees of the Kings Mountain 
schools. 

Referred to Education Committee. 

By Senator Odom: 

S.B. 494, a bill to increase the required minimum financial responsibility for property 
damage. 

Referred to Insurance Committee. 

By Senator Martin of Pitt: 

S.B. 495, a bill to exempt the contracts for a sixty-four-bed addition to the present 
jail facility of Wilson County from the requirements of the public bidding laws. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Pollard: 

S.B. 496, a bill to authorize the Town of Holly Ridge to collect a fee for solid waste 
collection and disposal systems and facilities in the same manner as ad valorem taxes. 
Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 497, a bill to establish a season for taking foxes by trapping in Edgecombe 
County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Martin of Pitt: 

S.B. 498, a bill to merge the Edgecombe County and Tarboro City School Adminis- 
trative Units. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Pollard: 

S.B. 499, a bill to prohibit hunting on, from, or across the right-of-way of public 
roads or highways in Onslow County without the written permission of the landowner or 
lessee and to change the law regarding trespassing on posted land in Onslow County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Lee and Walker: 

S.B. 500, a bill to authorize the Town of Chapel Hill to adopt an admissions tax on 
events at large facilities in the Town of Chapel Hill. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 



April 8, 1991 



208 SENATE JOURNAL [Session 

By Senator Murphy: 

S.B. 501, a bill to authorize Duplin County to acquire certain property for an indus- 
trial site. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Murphy: 

S.B. 502, a bill to establish a "no-wake" speed zone for motorboats at Topsail Island 
in Pender County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Hartsell: 

S.B. 503, a bill to provide procedures for recall from office elected city, county, and 
school officials in Cabarrus County, the City of Kannapolis, and the Kannapolis City 
School Administrative Unit. 

Referred to Election Laws Committee. 

By Senator Warren: 

S.B. 504, a bill to appropriate funds for advance planning of a capital improvement 
project at Beaufort County Community College. 
Referred to Appropriations Committee. 

By Senators Shaw, Seymour, and Martin of Guilford: 
S.B. 505, a bill to incorporate the Town of Whitsett in Guilford County. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Shaw, Seymour, Martin of Guilford, Parnell, and Goldston: 
S.B. 506, a bill to adopt Oak Ridge Military Academy as the official State military 
academy. 

Referred to State Personnel and State Government Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H. B. 133 (Committee Substitute) , a bill to require the Department of Transportation 
to use, consistent with economic feasibility and applicable engineering and environmen- 
tal quality standards, certain recycled goods for specified purposes. 

Referred to Environment and Natural Resources Committee. 

H. B. 327, a bill changing the time newly elected members of the Surry County Board 
of Education shall qualify. 

Referred to Education Committee. 

H.B. 348, a bill to prohibit hunting from the right-of-way of hard surfaced roads in 
Jones County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

S.B. 128 (Committee Substitute) , a bill to provide for the systematic review of proper- 
ty exempted or excluded from property taxation and to allow property that was erro- 
neously exempted or excluded to be treated as discovered property, for concurrence in 
House Amendment No. 1, which is placed on the Calendar for tomorrow, April 9. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 



April 8, 1991 



1991] SENATE JOURNAL 209 

S.B. 213, a bill to remove certain land in Hammocks Beach State Park from the State 
Nature and Historic Preserve and the State Parks System to allow the exchange of prop- 
erty for boundary management, upon third reading. 

Receiving a three-fifths majority affirmative vote, the bill passes its third reading by 
roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S. B. 149, a bill to include horticulture within the Agricultural Development Act, upon 
second reading. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted, changing the 
title to read S. B. 149, a bill to include horticulture, the raising of livestock and poultry, 
and aquaculture in the definition of the terms "agriculture" and "agricultural" as they are 
used in the Agricultural Development Act. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, April 9, for 
further consideration, upon third reading. 

S.B. 347, a bill to provide that the county tax assessor shall make certain taxpayer 
business records available to the Employment Security Commission on request. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 384, a bill to change the procedure for issuing nonresident noncompliance re- 
ports and to make changes regarding suspension and revocation of drivers licenses. 

On motion of Senator Sands, Committee Amendments No. 1 and No. 2 are adopted. 

The bill, as amended, passes its second (48-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S.B. 399, a bill to reduce from six to three months the time for presentation of claims 
against a decedent's estate as recommended by the General Statutes Commission. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 419, a bill to allow filing of court papers by telefacsimile transmission pursuant 
to rules established by the Supreme Court and the Administrative Officer of the Courts. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 424, a bill to expand the authority of the Administrative Officer of the Courts to 
contract for the services of private attorneys for specialized representation of indigents 



April 8, 1991 



210 SENATE JOURNAL [Session 

and to expand the authority of the Courts to require payment of attorneys' fees by parents 
who are financially able to pay. 

The bill passes its second (46-1) and third readings and is ordered sent to the House of 
Representatives. 

S. B. 245 (Committee Substitute) , a bill to enhance the enforcement provisions of the 
North Carolina Securities Act and the Investment Advisers Act, upon third reading. 

The Committee Substitute bill passes its third reading (48-0) and is ordered sent to the 
House of Representatives. 

The President recognizes the following pages serving in the Senate this week: Jami 
Rene' Amburn, Eden; Kristen Ashley, Whiteville; Thomas Duane Boyd, Charlotte; 
Howard Douglas Chubbs, Greensboro; Eva Currin, Willow Spring; Maria Ferry, 
Charlotte; Tarnisha A. Graves, Charlotte; William Hipps, Waynesville; Rodney 
Kearns, Asheboro; Lynn King, Troy; Mary Christine Kornegay, Burlington; Clara Lin 
Mackey, Dallas; Shannon Calisia Nance, Charlotte; Franz Oberbauer, Benson; 
Annette Penny, Charlotte; Jennifer C. Smith, Asheville; Kevin Burch Taylor, Merry 
Hill; Ginny Thornton, Asheboro; and Cathy Wolfe, Asheboro. 

On motion of Senator Barnes, seconded by Senator Shaw, the Senate adjourns at 8:40 
P.M. to meet tomorrow, April 9, at 3:00 P.M. 



FORTIETH DAY 



Senate Chamber, 
Tuesday, April 9, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Fred Schuszler, First Baptist Church, Morganton, as 
follows: 

"Lord, our God, the Old Testament tells us that once the prophet Elijah was troubled 
by events in the world around him and bewildered about his purpose in it. 

"The prophet withdrew to Mt. Sinai and hid in a cave. You spoke to him and told him 
to go to the entrance of the cave. 

"There passed before him a great whirlwind, but You were not in the whirlwind. 

"Then came an earthquake, You were not in the earthquake. 

"Then a fierce flash fire, but You were not in the fire. 

"Then he heard a still, small voice — Your Voice, calling him to duty and service. 

"Help us in these tumultuous times and difficult days to listen for Your Still, Small 
Voice, calling us to courage and compassion, integrity and honesty, vision, and wisdom. 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 8, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Royall, who is meeting 
with the Honorable Terry Sanford, United States Senator from North Carolina, in 
Washington D. C. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 



April 9, 1991 



1991] SENATE JOURNAL 211 

By Senator Raynor for the Veteran and Military Affairs, Law Enforcement, 
and Senior Citizens Committee: 

S.B. 427 , a bill to provide a grace period for military personnel to renew occupational 
licenses expiring during deployment or active duty, and to discount fees, with a favorable 
report. 

S.B. 23, a bill to prohibit the use of blue lights by anyone other than law enforcement 
personnel, with a favorable report, as amended. 

By Senator Goldston for the Transportation Committee: 

S.B. 302, a bill to provide for secondary road construction projects in the TIP from 
special appropriations, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 369, a bill to provide multiyear registration plates for trailers, with a favorable 
report. 

On motion of Senator Goldston, the bill is re-referred to the Finance Committee. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 69, a bill to regulate the transmission of money and the sale of checks, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Staton, the Committee Substitute bill is re-referred to the 
Finance Committee. 

By Senator Soles for the Judiciary I Committee: 

S.B. 396, a bill governing the voting of shares of corporate stock or other securities by 
joint personal representatives and cotrustees as recommended by the General Statutes 
Commission, with a favorable report. 

S.B. 415, a bill to authorize the Parole Commission to parole certain misdemeanants 
but continue to supervise them for a period to be determined by the Commission, to give 
parole violators credit for time spent successfully in the community on parole, and to 
make community service parole flexible by allowing the Parole Commission to determine 
the amount of service and time period for service, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for tomorrow, April 10, for further consideration. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Speed, Ballance, Basnight, Conder, Daniel, Martin of Guilford, Parnell, 
Perdue, Raynor, Sands, Shaw, Soles, Staton, and Warren: 

S.B. 507, a bill to delete bond requirements for seed dealers and fertilizer manufac- 
turers. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



April 9, 1991 



212 SENATE JOURNAL [Session 

By Senators Speed, Ballance, Basnight, Conder, Daniel, Hunt, Martin of Guilford, 
Murphy, Parnell, Perdue, Sands, Seymour, Shaw, Soles, Staton, and Warren: 

S.B. 508, a bill to establish a fee for feed testing. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and, 
upon a favorable report, re-referred to the Finance Committee. 

By Senators Speed, Ballance, Basnight, Conder, Daniel, Martin of Guilford, 
Murphy, Parnell, Perdue, Raynor, Sands, Shaw, Soles, Staton, and Warren: 

S.B. 509, a bill regarding designation of agricultural products producers' agencies for 
the purpose of federal commodity assessment programs. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Johnson: 

S.B. 510, a bill to change the procedure for certifying municipal ad valorem tax valu- 
ations in Wake County to the Wake County Board of Alcoholic Control. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Johnson: 

S.B. 511, a bill to regulate hunting and the use of firearms in Wake County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Martin of Guilford and Seymour: 

S.B. 512, a bill to expand and redistrict the Guilford County Board of Commissioners. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Conder and Plyler: 

S.B. 513, a bill to require the Southeast Interstate Low-Level Radioactive Waste 
Management Commission to designate a state to host the third regional disposal facility 
as a condition to the designation of a preferred site for a low-level radioactive waste 
disposal facility in this State. 

Referred to Environment and Natural Resources Committee. 

By Senators Conder and Plyler: 

S.B. 514, a bill to require that the low-level radioactive waste disposal facility to be 
located in North Carolina be sited on or adjacent to an existing nuclear power plant. 
Referred to Environment and Natural Resources Committee. 

By Senators Conder and Plyler: 

S.B. 515, a bill to require that one of the members of the Southeast Interstate Low- 
Level Radioactive Waste Management Commission from North Carolina reside in a 
county in which the regional disposal facility is sited. 

Referred to Environment and Natural Resources Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 276, a bill to provide for the administration of the Political Parties Financing 
Fund. 

Referred to Election Laws Committee. 



April 9, 1991 



1991] SENATE JOURNAL 213 

H.B. 290, a bill to allow notice by publication of housing code enforcement where 
service by certified mail is refused. 

Referred to Judiciary I Committee. 

H.B. 326, a bill to authorize the Town of Rowland to levy a room occupancy and 
tourism development tax. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 149, a bill to include horticulture within the Agricultural Development Act, as 
amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 47, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Mar- 
tin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Ray- 
nor, Richardson, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 114, a bill to repeal inheritance tax exemptions for certain types of property, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, Bry- 
an, Carpenter, Carter, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, Hart- 
sell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richard- 
son, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: Senators Blackmon and Cochrane — 2. 

The bill is ordered placed on the Calendar for tomorrow, April 10, for further consid- 
eration, upon third reading. 

The President of the Senate relinquishes the gavel to Senator Barnes, President Pro 
Tempore , who presides in the absence of the Lieutenant Governor. 

S.B. 166 (Committee Substitute), a bill to require the Department of Human Re- 
sources, Division of Aging, to charge fees for in-home and community-based services. 

The Committee Substitute bill passes its second reading (49-0). 

Senator Kaplan objects to the third reading of the measure, which remains on the Cal- 
endar for tomorrow, April 10, for further consideration, upon third reading. 

S.B. 225, a bill to give local boards of education elected on a district basis similar 
power as cities to redistrict. 

The bill passes its second reading (49-0) . 

Senator Bryan objects to the third reading of the measure, which remains on the Cal- 
endar for tomorrow, April 10, for further consideration, upon third reading. 

S.B. 267, a bill to enhance the educational requirements for certified public accoun- 
tants, upon third reading. 

Senator Hunt offers Amendment No. 1, which is adopted (49-0). 



April 9, 1991 



214 SENATE JOURNAL [Session 

The Chair orders, without objection, the bill, as amended, temporarily displaced, 
upon the motion of Senator Bryan. 

S . B . 128 (Committee Substitute) , a bill to provide for the systematic review of proper- 
ty exempted or excluded from property taxation and to allow property that was erro- 
neously exempted or excluded to be treated as discovered property, for concurrence in 
House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (47-0) and the Committee Substitute 
bill is ordered enrolled. 

S.B. 267, a bill to enhance the educational requirements for certified public accoun- 
tants, as amended, upon third reading, temporarily displaced earlier. 

The bill, as amended, passes its third reading (48-0) and is ordered engrossed and 
sent to the House of Representatives. 



REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness , read by its title , together with the report accompanying it , and takes its place on the 
Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S.B. 465, a bill to transfer the community penalties program from the Department of 
Crime Control and Public Safety to the Administrative Office of the Courts, with a favor- 
able report, as amended. 



REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits its report, which is 
placed on file in the Legislative Library, as follows: (See Addendum) 

Pursuant to G.S. 143 B-433, the Report of the North Carolina Department of Eco- 
nomic and Community Development on Laying a Foundation: Recommendations of the 
Housing Coordination and Policy Council is presented to the Senate. The Senate accepts 
the Report, and it is ordered placed on file in the Legislative Library. 

The President Pro Tempore relinquishes the gavel to the President of the Senate, Lieu- 
tenant Governor James C. Gardner, who presides. 

On motion of Senator Barnes, seconded by Senator Plyler, the Senate adjourns at 3:45 
P.M. to meet tomorrow, April 10, at 3:00 P.M. 



FORTY-FIRST DAY 

Senate Chamber, 
Wednesday, April 10, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Fred Schuszler, Minister of First Baptist Church, 
Morganton, as follows: 



April 10, 1991 



1991] SENATE JOURNAL 215 

"Thank You, God, for springtime in North Carolina. It began with daffodils and cro- 
cuses piercing our hard red soil with fragile blooms. Then came the Bradford pears, and 
plum trees, and weeping cherries. White and pink blossom clouds grounded only by 
graceful stems. And now bold wysteria vines assert their amethyst jewels everywhere 
they can get a grip; redbud trees burst open — like purple exclamation points among sea- 
green waves of hardwoods; azaleas explode all around us and our glorious dogwoods 
open their cruciform arms to us all. Indeed, nothing could be finer then to be North 
Carolina in the spring. 

"Thank You, Lord, for the message of spring calling to us of new possibilities, speak- 
ing of new potentialities, all but singing of vibrant opportunities, and hope of positive 
change. For the magnificent natural resources of our State; for these distinguished Sen- 
ators and the vast human resources they represent, we are grateful. 

"Guide and direct these women and men to make wise decisions, to find creative solu- 
tions, to forge a golden political season as bright and hopeful as the natural season 
around us. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 9, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Ward and Senator Walker, 
who is attending a child advocacy panel discussion in Greensboro. 



ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S. B. 128 (Committee Substitute) , an act to provide for the systematic review of prop- 
erty exempted or excluded from property taxation and to allow property that was erro- 
neously exempted or excluded to be treated as discovered property. (Ch. 34) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Hunt for the Election Laws Committee: 

H.B. 244, a bill concerning municipal elections in the City of High Point, with a 
favorable report, as amended. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 233, a bill to modify the membership of the Stanly County Airport Authority, 
with a favorable report, as amended. 

S. B. 479, a bill to extend the corporate limits of the Town of Smithfield to include the 
Johnston County Country Club, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

S. B. 469, a bill to authorize Rockingham County to levy a room occupancy and tour- 
ism development tax, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

By Senator Warren for the Travel, Tourism, and Cultural Resources 
Committee: 



April 10, 1991 



216 SENATE JOURNAL [Session 

S.B. 362, a bill to extend the term of office of the members of the U.S.S. North 
Carolina Battleship Commission, with a favorable report. 

By Senator Sherron for the State Personnel and State Government Com- 
mittee: 

S.B. 306, a bill to clarify the law regarding State and federal surplus property, with a 
favorable report, as amended. 

S.B. 385, a bill to protect the security of occupational licensing examinations, with a 
favorable report, as amended. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Plyler and Conder: 

S.B. 516, a bill to amend the law regarding the Commission for Mental Health, De- 
velopmental Disabilities, and Substance Abuse Services' adoption of standards for ser- 
vice delivery to Department of Correction inmates. 

Referred to Human Resources Committee. 

By Senator Murphy: 

S.B. 517, a bill to appropriate funds for completion of a new arts center in Lenoir 
County. 

Referred to Appropriations Committee. 

By Senators Murphy, Ballance, Blackmon, Forrester, Plexico, Plyler, Pollard, 
Sands, Smith, Speed, Staton, Tally, Ward, and Warren: 

S.B. 518, a bill to define and make criminal interference with animal research. 
Referred to Judiciary II Committee. 

By Senator Goldston: 

S.B. 519, a bill to clarify liability of motor vehicle dealers in spot delivery sales. 

Referred to Transportation Committee. 

By Senators Royall and Hunt: 

S.B. 520, a bill to amend the Charter of the City of Durham to provide for improve- 
ments to real property by the seller or lessor of the property. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 521, a bill to reorganize law enforcement in New Hanover County. 
Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senators Perdue and Warren: 

S.B. 522, a bill to create the North Carolina Travel and Tourism Board. 
Referred to Travel, Tourism, and Cultural Resources Committee and, upon 
a favorable report, re-referred to the Appropriations Committee. 

By Senator Sands: 

S.B. 523, a bill to amend the definition of "business opportunity." 

Without objection, on motion of Senator Sands, the bill is held as filed. 

By Senator Sands: 

S.B. 524, a bill concerning Rockingham County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 



April 10, 1991 



1991] SENATE JOURNAL 217 

By Senator Sands: 

S.B. 525, a bill relating to Surry County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 526, a bill concerning Ashe County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 527, a bill relating to Stokes County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 528, a bill concerning Watauga County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 529, a bill relating to Alleghany County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Carpenter, Basnight, Daniel, Daughtry, Goldston, Plexico, Sands, and 
Soles: 

S.B. 530, a bill to repeal the sunset on open seasons for taking foxes with weapons 
and by trapping in certain counties. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Carpenter: 

S.B. 531, a bill to provide that the Eastern Band of Cherokee Indians shall be eligible 
to: (1) be a member of a regional solid waste management authority, and (2) apply for 
financing a project with a loan from the North Carolina Solid Waste Management Capi- 
tal Projects Financing Authority. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Bryan: 

S.B. 532, a bill concerning Yadkin County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Bryan: 

S.B. 533, a bill concerning Alexander County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Bryan: 

S.B. 534, a bill concerning Iredell County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Bryan: 

S.B. 535, a bill relating to Iredell County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Bryan: 

S.B. 536, a bill to make a clarifying change to the State-administered retirement sys- 
tem. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Bryan: 

S.B. 537, a bill to modify the distribution of the profits from the City of Statesville 
ABC System. 

Referred to Alcoholic Beverage Control Committee. 



April 10, 1991 



218 SENATE JOURNAL [Session 

By Senator Daughtry: 

S.B. 538, a bill concerning the Johnston County Board of Education. 

Referred to Education Committee. 

By Senator Staton: 

S.B. 539, a bill to authorize the Department of Revenue to establish by rule the time 
period for stamping cigarettes. 

Referred to Finance Committee. 

By Senator Murphy:, 

S.B. 540, a bill to provide for technical and other clarifying changes in the Teachers' 
and State Employees' Comprehensive Major Medical Plan. 
Referred to Pensions and Retirement Committee. 

By Senator Block: 

S.B. 541, a bill to require the Department of Transportation to treat out-of-State 
truck operators in the same manner as the other states treat North Carolina truck opera- 
tors with respect to the issuance of overweight permits. 

Referred to Transportation Committee. 

By Senator Block: 

S.B. 542, a bill to increase the retirement formula for the Members of the Council of 
State who are members of the Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Block: 

S.B. 543, a bill to increase the amount of sick leave creditable toward retirement for 
local government employees. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Block: 

S.B. 544, a bill to repeal the law regulating the setting of steel traps in Pender County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Block: 

S.B. 545, a bill relating to Pender County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 546, a bill relating to New Hanover County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 547, a bill relating to Pender County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 548, a bill relating to New Hanover County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Lee and Walker: 

S.B. 549, a bill authorizing Orange County to create a tax district and levy impact 
taxes and amending Orange County's authority relating to impact fees. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Martin of Pitt: 

S.B. 550, a bill to amend G.S. 115C-512 to include merged units which have three 
administrative units located within a county prior to merger wherein one such 



April 10, 1991 



1991] SENATE JOURNAL 2 1 9 

administrative unit shall be located in more than one county and to provide for the pha- 
sing-in of such supplemental taxes as may be assessed pursuant to G.S. 115C-512. 
Referred to Education Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Seymour and Smith: 

S.B. 551 , a bill to permit the Utilities Commission to exempt cellular from regulation 
under Chapter 62. 

Referred to Public Utilities Committee. 

By Senators Speed and Ballance: 

S.B. 552, a bill to appropriate funds to the North Carolina Senior Citizens' Federa- 
tion. 

Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 553, a bill to prohibit hunting on or across the right-of-way of public roads or 
highways in a portion of Franklin County and to require written permission before hunt- 
ing on or across the right-of-way of public roads or highways in the remainder of Frank- 
lin County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Staton: 

S.B. 554 , a bill to : ( 1 ) require the Department of Environment , Health , and Natural 
Resources to adopt railroad maintenance guidelines related to water quality; and (2) no 
longer require an erosion control plan for certain land-disturbing activities within the 
railroad rights-of-way when these activities are undertaken in accordance with the best 
management practices as set forth in these railroad maintenance guidelines. 

Referred to Environment and Natural Resources Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 10 (Committee Substitute) , a bill to allow lessors and renters of motor vehicles 
to elect to pay highway use tax on motor vehicles owned on October 1, 1989, and to 
clarify that these motor vehicles are otherwise subject to the gross receipts tax. 

Referred to Finance Committee. 

H.B. 134 (Committee Substitute) , a bill authorizing counties and cities to enact ordi- 
nances requiring private recyclers to report on the recyclable materials subject to the goal 
set forth in G.S. 130A-309.04 that the recycler is recovering within the county or city. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 192, a bill recommended by the Juvenile Law Study Commission to allow termi- 
nation of parental rights after a parent has left a child in foster care for twelve months 
without making reasonable progress towards correcting the conditions that led to foster 
care. 

Referred to Judiciary II Committee. 

H.B. 267, a bill to amend the definition of "business opportunity." 
Referred to Judiciary II Committee. 

H.B. 273, a bill to increase the penalties for violation of Henderson County's occu- 
pancy tax law. 

Referred to Finance Committee. 



April 10, 1991 



220 SENATE JOURNAL [Session 

H.B. 275, a bill to repeal Pamlico County local modification to subdivision statute. 
Referred to Local Government and Regional Affairs Committee. 

S.B. 157 (Committee Substitute), a bill to make changes to the laws governing ad- 
ministrative hearings, for concurrence in House Amendment No. 1, which is placed on 
the Calendar for tomorrow, April 11. 

S.B. 177 (Committee Substitute), a bill to amend Article 10 of Chapter 65 to allow 
access to and maintenance of private graves and abandoned public cemeteries, for con- 
currence in House Amendment No. 1, which is placed on the Calendar for tomorrow, 
April 11. 



LETTERS FROM THE GOVERNOR 

The Chair directs the Reading Clerk to read the following letters from the Governor: 

STATE OF NORTH CAROLINA 

Office of the Governor 
Raleigh 27603-8001 



March 25, 1991 

The Honorable James C. Gardner 
President of the Senate 
North Carolina General Assembly 
2104 Legislative Building 
Raleigh, North Carolina 27611 

Dear Mr. President: 

In accordance with North Carolina General Statute 126-5(c) (3) and (d) (5), I hereby 
designate the following position, located in the Department of Human Resources, policy 
making and exempt from the State Personnel Act: 

POSITION NUMBER TITLE 

4440-0000-0010-003 Deputy Director 

Additionally, position 4440-0000-0020-500, Accountant V, also located in the Depart- 
ment of Human Resources will be removed from exempt status. 



This action is effective immediately. 



Sincerely, 

S/James G. Martin 
Governor 



Referred to State Personnel and State Government Committee 



April 10, 1991 



1991] SENATE JOURNAL 221 



STATE OF NORTH CAROLINA 

Office of the Governor 
Raleigh 27603-8001 

March 25, 1991 



The Honorable James C. Gardner 
President of the Senate 
North Carolina General Assembly 
2104 Legislative Building 
Raleigh, North Carolina 27611 

Dear Mr. President: 

In accordance with North Carolina General Statute 126-5(c) (3) and (d) (5), I hereby 
designate the following position, located in the Department of Correction, policy making 
and exempt from the State Personnel Act: 

POSITION NUMBER TITLE 

4540-4030-4543-402 Correctional Superintendent III 



This action is effective immediately. 



Sincerely, 

S/James G. Martin 
Governor 



Referred to State Personnel and State Government Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 114, a bill to repeal inheritance tax exemptions for certain types of property, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follow: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, War- 
ren, and Winner — 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 23, a bill to prohibit the use of blue lights by anyone other than law enforcement 
personnel. 

On motion of Senator Raynor, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S.B. 396, a bill governing the voting of shares of corporate stock or other securities by 
joint personal representatives and cotrustees as recommended by the General Statutes 
Commission. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 



April 10, 1991 



222 SENATE JOURNAL [Session 

S.B. 415 (Committee Substitute) , a bill to authorize the Parole Commission to parole 
certain misdemeanants but continue to supervise them for a period to be determined by 
the Commission, to give parole violators credit for time spent successfully in the commu- 
nity on parole, and to make community service parole flexible by allowing the Parole 
Commission to determine the amount of service and time period for service. 

The Committee Substitute bill passes its second (46-0) and third readings and is or- 
dered sent to the House of Representatives. 

S.B. 427, a bill to provide a grace period for military personnel to renew occupational 
licenses expiring during deployment or active duty, and to discount fees. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 465, a bill to transfer the community penalties program from the Department of 
Crime Control and Public Safety to the Administrative Office of the Courts. 

On motion of Senator Sands, Committee Amendments No. 1, No. 2, and No. 3 are 
adopted. 

The bill, as amended, passes its second reading (46-1). 

Senator Simpson objects to the third reading of the measure which remains on the 
Calendar for tomorrow, April 11, for further consideration, upon third reading. 

S.B. 166 (Committee Substitute), a bill to require the Department of Human Re- 
sources, Division of Aging, to charge fees for in-home and community-based services, 
upon third reading. 

The Committee Substitute bill passes its third reading (46-0) and is ordered sent to the 
House of Representatives. 

S.B. 225, a bill to give local boards of education elected on a district basis similar 
power as cities to redistrict, upon third reading. 

The bill passes its third reading (46-0) and is ordered sent to the House of Representa- 
tives. 

RE-REFERRAL 

S.B. 437, a bill to amend the Safe Roads Act. 

Senator Goldston offers a motion that the rules be suspended and the bill be taken from 
the Transportation Committee, and re-referred to the Judiciary II Committee, 
which motion prevails, with unanimous consent. 

The Chair orders the bill re-referred to the Judiciary II Committee. 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the reports accompanying it, and takes its place on 
the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

H.B. 20 (Committee Substitute), a bill to provide for a more efficient and equitable 
procedure for assessing and collecting local ad valorem property taxes on certain motor 
vehicles, with a favorable report. 

H.B. 61, a bill to make technical changes to the revenue laws and related statutes, 
with a favorable report, as amended. 

APPOINTMENTS TO COMMITTEES 

The Chair directs the Reading Clerk to read the following: 



April 10, 1991 



1991] SENATE JOURNAL 223 

NORTH CAROLINA GENERAL ASSEMBLY 

President Pro Tempore 

Senate 

Raleigh 27611 

April 10, 1991 

N.C. Senate 

State Legislative Building 

Raleigh, North Carolina 

Dear Fellow Senators: 

Pursuant to the Rules of the Senate and to authorize additional members to learn and to 
have access to the Computer being used in the Redisricting Process, I am appointing the 
following as Vice-Chairmen of the Senate Redisricting Committees: 

Senator William N. Martin 
Vice-Chairman, Legislative Redistricting 

Senator Robert G. Shaw 
Vice-Chairman, Legislative Redistricting 

Senator Leo Daughtry 

Vice-Chairman, Congressional Redistricting. 

Sincerely, 

S/Henson P. Barnes 
President Pro Tempore 

On motion of Senator Barnes, seconded by Senator Carter, the Senate adjourns at 
3:45 P.M. to meet tomorrow, April 11, at 3:00 P.M. 



FORTY-SECOND DAY 

Senate Chamber, 
Thursday, April 11, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Fred Schuszler, First Baptist Church, Morganton, as 
follows: 

"Before we pray, I'd like to ask that as preparation for prayer, try to visualize the 
people who put you here, in this Honored Assembly. Envision specific faces of those 
who sacrificed time, talent, energy and other resources for your campaign; those who 
gave support, spoke an encouraging word, gave you a needed laugh, or 'got out the vote' ; 
those who empowered you with the critical decisions which are bound to affect their lives; 
those who have given you their trust and honored you with this office. The people, who 
still hold fast to the belief that government exists to do them good, to support their efforts 
to pursue life, liberty and happiness, take a moment to remember 'the people.' 

"Holy God, there are all kinds of reasons these women and men are in this Chamber, 
all kinds of motives for their having sought political office. May it not be naive or 



April 11, 1991 



224 SENATE JOURNAL [Session 

idealistic to hope that the foremost reason was love; love for freedom, for sacred human 
rights, and government 'of the people,' love for this State and her wide variety of re- 
gions, love for North Carolina's people, all North Carolina's people. Grant them the 
gratitude and grace and strength to govern with love. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 
10, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Ward; Senator Shaw, who 
is attending a meeting out-of-town; Senator Carter, who is working with the Special 
Olympics in Cleveland County; Senator Forrester, who is giving medical coverage for his 
partner whose father is seriously ill; Senator Richardson, who has a doctor's appoint- 
ment, and Senator Marvin. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Odom for the Insurance Committee: 

S. B. 39, a bill to provide that no safe driver incentive plan points shall be assessed for 
the first accident within three years if there is property damage only and no moving viola- 
tion involved, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Odom, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Odom, the Committee Substitute bill is placed on the Calendar 
for Tuesday, April 16, for further consideration. 

S. B. 237, a bill to require employers to provide medical insurance coverage informa- 
tion in IV-D support cases, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Odom, the rules are suspended, and the Committee Substitute 
bill which changes the title to read S.B. 237 (Committee Substitute), a bill to require 
employers to provide medical, hospital, and dental insurance coverage information in 
IV-D support cases, is placed before the Senate for immediate consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, April 16, for further consider- 
ation. 

S.B. 307, a bill to provide that notice of cancellation of motor vehicle liability insur- 
ance is not required if a new policy is issued at the same time the old policy is terminated 
or canceled, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Odom, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Odom, the Committee Substitute bill is placed on the Calendar 
for Tuesday, April 16, for further consideration. 

By Senator Parnell for the Manufacturing and Labor Committee: 

S.B. 287, a bill to make changes to the employment security law pertaining to contri- 
butions and coverage, with a favorable report. 



April 11, 199 



1991] SENATE JOURNAL 225 

S.B. 319, a bill to amend the employment security law pertaining to waiver of late 
filing penalties, with a favorable report. 

S.B. 321, a bill to make conforming changes to the Employment Security Law, with a 
favorable report. 

By Senator Tally for the Environment and Natural Resources Committee: 

S. B. 412, a bill to amend certification requirements for water treatment facility opera- 
tors, with a favorable report. 

On motion of Senator Tally, the bill is re-referred to the Finance Committee. 

S.B. 459, a bill to increase the civil penalties which may be assessed for violation of 
the Well Construction Act, with a favorable report. 

By Senator Hyde for the Constitution Committee: 

S.B. 7, a bill to amend the Constitution of North Carolina to limit the number of days 
the General Assembly may remain in session each year, with an unfavorable report. 

S.B. 232, a bill to amend the Constitution to change the election of the Governor, 
Lieutenant Governor, and the rest of the Council of State to the nonpresidential even- 
numbered year, with six-year transitional terms to be filled by the 1992 elections, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Hyde, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Hyde, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 317, a bill to revise and consolidate the Charter of the Town of Glenville, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration and, on his further motion, the 
Committee Substitute bill is adopted. 

On motion of Senator Lee, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Soles for the Judiciary I Committee: 

S.B. 414, a bill to amend the revised Uniform Limited Partnership Act, with a favor- 
able report, as amended. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

H.B. 68, a bill to make the uniform management of Institutional Funds Act applica- 
ble to community foundation endowment funds administered by banks or trust compan- 
ies, with a favorable report. 

On motion of Senator Staton, the bill is placed on the Calendar for Tuesday, April 16. 



CALENDAR 

H.B. 20 (Committee Substitute), a bill to provide for a more efficient and equitable 
procedure for assessing and collecting local ad valorem property taxes on certain motor 
vehicles, upon second reading. 

On motion of Senator Daniel, the Committee Substitute bill is taken up out of its regu- 
lar order of business. 



April 11, 1991 



226 SENATE JOURNAL [Session 

On motion of Senator Daniel, further consideration of the Committee Substitute bill is 
postponed until Tuesday, April 16. 

H.B. 233, a bill to modify the membership of the Stanly County Airport Authority. 

On motion of Senator Lee, the bill is taken up out of its regular order of business, and 
on his further motion, the bill is recommitted to the Local Government and 
Regional Affairs Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Pollard: 

S . B . 555 , a bill to increase the penalties for violation of Town of North Topsail Beach 
or Onslow County ordinances. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 556, a bill to allow absentee voting in referenda on incorporation of a munic- 
ipality. 

Referred to Election Laws Committee. 

By Senator Sands: 

S.B. 557, a bill to amend the Charter of the Town of Danbury. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 558, a bill to amend the definition of "business opportunity." 

Referred to Judiciary II Committee. 

By Senator Plexico: 

S.B. 559, a bill concerning the school administrative units of Henderson County and 
the City of Hendersonville. 

Referred to Education Committee. 

By Senator Plexico: 

S.B. 560, a bill concerning Graham County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 561, a bill concerning Cherokee County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 562, a bill concerning Clay County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 563, a bill concerning Haywood County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Carpenter: 

S.B. 564, a bill to revise and consolidate the Charter of the Town of Highlands. 
Referred to Local Government and Regional Affairs Committee, and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Hartsell: 

S.B. 565, a bill to establish the Poplar Tent Beautification District in Cabarrus 
County. 

Referred to Local Government and Regional Affairs Committee, and upon a 
favorable report, re-referred to the Finance Committee. 



April 11, 1991 



1991] SENATE JOURNAL 227 

By Senator Hartsell: 

S.B. 566, a bill concerning disposition of property for local development in Cabarrus 
County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 567, a bill to designate the entire length of Interstate 40 as a Scenic Highway and 
Memorial Highway. 

Referred to Transportation Committee. 

By Senator Block: 

S.B. 568, a bill to appropriate funds for Cape Fear Community College to clean up a 
contaminated burn pit site. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 569, a bill amending the Charter of the City of Wilmington to authorize zoning 
density bonuses in projects containing specified amounts of low and moderate income 
housing. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 570, a bill to authorize cities to vacate and close certain dwellings found to be in 
violation of the minimum housing code. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Seymour: 

S.B. 571, a bill to provide group health insurance coverage for all employees of small 
employers. 

Referred to Insurance Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Daniel: 

S.J.R. 572, a joint resolution to honor the life and memory of Ralph Henderson 
Scott, former member of the General Assembly. 

On motion of Senator Daniel, the joint resolution is placed on the Calendar for 
Monday, April 22, as Special Order of Business No. 1. 

By Senator Daniel: 

S.B. 573, a bill to change the law in Alamance County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Daniel: 

S.B. 574, a bill to change the law in Caswell County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Daniel: 

S.B. 575, a bill adding Caswell County to those counties authorized to regulate tres- 
passing to hunt or fish on private lands by local ordinance. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Seymour, Tally, Walker, and Plexico: 

S.B. 576, a bill to prohibit the use of unmarked law enforcement cars for routine 
traffic stops at night. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senators Warren and Martin of Pitt: 

S.B. 577, a bill to revise and consolidate the Charter of the Greenville Utilities Com- 
mission of the City of Greenville. 

Referred to Public Utilities Committee. 



April 11, 1991 



228 SENATE JOURNAL [Session 

By Senator Block: 

S.B. 578, a bill to allow Pender County to acquire property for use by the Pender 
County Board of Education. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Pollard, Blackmon, Block, Bryan, Daughtry, Hartsell, Hunt, Perdue, 
Shaw, Sherron, Simpson, Staton, and Warren: 

S.B. 579, a bill to authorize the Department of Administration to purchase property 
using lease-purchase financing. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Royall and Hunt: 

S.B. 580, a bill to authorize the City of Durham to increase its room occupancy tax 
from three percent to five percent and to use the additional tax revenue for promotion of 
travel and tourism. 

Referred to Finance Committee. 

By Senator Goldston: 

S.B. 581, a bill to amend the Life and Accident and Health Insurance Guaranty Asso- 
ciation Act. 

Referred to Insurance Committee. 

By Senators Warren, Cooper, Hyde, Martin of Guilford, Perdue, Plexico, Sherron, 
and Tally: 

S.B. 582, a bill to appropriate funds to increase the advertising budget of the Division 
of Travel and Tourism. 

Referred to Appropriations Committee. 

By Senator Allran: 

S.B. 583, a bill making a qualified exception from the Public Records Act for the 
Catawba County Geographical Information System. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Royall and Hunt: 

S.B. 584, a bill to authorize the City of Durham to provide off-street parking at re- 
duced rates or without charge to persons residing in the downtown area of the City. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Royall and Hunt: 

S.B. 585, a bill to amend the Charter of the City of Durham to change the manner in 
which corner lot relief from special assessments for water and sewer projects is calcu- 
lated. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 586, a bill concerning Jackson County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 587, a bill concerning Polk County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 588, a bill concerning Swain County and the municipalities located therein. 

Referred to Local Government and Regional Affairs Committee. 



April 11, 1991 



1991] SENATE JOURNAL 229 

By Senator Plexico: 

S.B. 589, a bill concerning Transylvania County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 590, a bill concerning Henderson County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plexico: 

S.B. 591, a bill concerning Macon County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plexico and Carpenter: 

S.B. 592, a bill to change the manner of election of the Jackson County Board of 
Education from partisan to nonpartisan, and change the time of taking office from De- 
cember to July. 

Referred to Education Committee. 

By Senator Perdue: 

S. J.R. 593, a joint resolution setting the date for the Senate and House of Represen- 
tatives to elect members of the State Board of Community Colleges. 
Referred to Higher Education Committee. 

By Senator Perdue: 

S.B. 594 , a bill relating to eligibility to serve on a community college board of trustees . 

Referred to Higher Education Committee. 

By Senators Perdue, Basnight, Conder, Daniel, Hunt, Martin of Pitt, Martin of Guil- 
ford, Marvin, Parnell, Plexico, Royall, Speed, Tally, and Warren: 

S.B. 595, a bill to create a study on access to health insurance. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee and, upon a favorable report, re-referred to the Appropri- 
ations Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 291, a bill to authorize the City of Charlotte to levy a motor vehicle tax not to 
exceed twenty-five dollars. 

Referred to Finance Committee. 

H.B. 545, a bill to change the audits of ABC profits in the Town of Angier from 
quarterly to annually. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 583, a bill to modify the composition of the Kinston-Lenoir County Tourism 
Development Authority. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

S.B. 43 (House Committee Substitute), a bill to provide for automatic civil commit- 
ment of a defendant charged with a crime and found not guilty by reason of insanity, to 
shift the burden of proof to the defendant at subsequent hearings on release , and to make 
other changes in related procedures, for concurrence in the House Committee Substitute 
bill, which is placed on the Calendar for Monday, April 15. 

S.B. 136 (House Committee Substitute), a bill to extend the limited liability protec- 
tion under the trails system to landowners, units of government, trail developers, and 



April 11, 1991 



230 SENATE JOURNAL [Session 

trail maintainers, for concurrence in the House Committee Substitute bill, which is 
placed on the Calendar for Monday, April 15. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

H.B. 244, a bill concerning municipal elections in the City of High Point. 
On motion of Senator Seymour, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (42-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 61, a bill to make technical changes to the revenue laws and related statutes, 
upon second reading. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 41 , noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Cochrane, Conder, Cooper, Daniel, Daughtry, Goldston, 
Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, Sands, Seymour, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Warren, and Winner— 41. 

Voting in the negative: None. 

Without objection, on motion of Senator Staton, the bill, as amended, is ordered 
placed on the Calendar for Tuesday, April 16, for further consideration, upon third 
reading. 

S.B. 306, a bill to clarify the law regarding State and federal surplus property. 
On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (40-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S.B. 362, a bill to extend the term of office of the members of the U.S.S. North 
Carolina Battleship Commission. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 385, a bill to protect the security of occupational licensing examinations. 
On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (42-0) and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S.B. 465, a bill to transfer the community penalties program from the Department of 
Crime Control and Public Safety to the Administrative Office of the Courts, as amended, 
upon third reading. 

On motion of Senator Sands, further consideration of the bill, as amended, is post- 
poned until Tuesday, April 16. 

S.B. 157 (Committee Substitute), a bill to make changes to the laws governing ad- 
ministrative hearings, for concurrence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (41-0) and the Committee Substitute 
bill is ordered enrolled. 

S.B. 177 (Committee Substitute), a bill to amend Article 10 of Chapter 65 to allow 
access to and maintenance of private graves and abandoned public cemeteries, for con- 
currence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (39-0) and the Committee Substitute 
bill is ordered enrolled. 



April 11, 1991 



1991] SENATE JOURNAL 231 

On motion of Senator Barnes, seconded by Senator Winner, the Senate adjourns at 
4:00P.M. inobservance of Holocaust Remembrance Day to meet Monday, April 15, at 
7:00 P.M. 



FORTY-THIRD DAY 

Senate Chamber, 
Monday, April 15, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Howard N. Lee, Senator from Orange County, as 
follows: 

"Our Father, these are tough times and we are facing some tough problems; but you 
have selected some tough leaders who sit in this Senate Chamber, and who are ready to 
take some tough actions and make tough decisions. Sometimes, Oh God, we need to be 
nudged and made to act, especially when acting carries with it discomfort. Help us un- 
derstand that before we can enjoy long-term comfort, we may need to endure short-term 
discomforts. We therefore ask that you nudge us. Help us accept the challenges we face 
and use this opportunity to serve. We have been chosen to bear this cross, help us bear it 
well as one way of justifying our being chosen. Help us continue to work to resolve the 
three age-old problems which continue to plague us; ignorance, poverty and ill-health. 
Father, we pause and remember Steve Lucas and his wife as she struggles to recover from 
injuries suffered last week. Finally, Oh Father, we offer ourselves and are ready to 
serve, to sacrifice, to struggle, and to give of ourselves. We ask Your blessings to meet 
the challenges before us. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, April 
11, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Shaw; Senator Bryan; 
Senator Kaplan; Senator Pollard, who is attending a scheduled meeting in Jacksonville; 
and Senator Hartsell, who is attending a county commission meeting. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 157 (Committee Substitute), an act to make changes to the laws governing ad- 
ministrative hearings. (Ch. 35) 

S.B. 177 (Committee Substitute), an act to amend Article 10 of Chapter 65 to allow 
access to and maintenance of private graves and abandoned public cemeteries. (Ch. 36) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 



April 15, 1991 



232 SENATE JOURNAL [Session 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 344 , a bill to transfer the North Carolina Clean Water Revolving Loan and Grant 
Program to the Department of Environment, Health, and Natural Resources, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on her further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is placed on the Calendar 
for tomorrow, April 16, for further consideration. 

S.B. 359, a bill to transfer authority to set fees for screening tests for asbestosis or 
silicosis to the Secretary of Environment, Health, and Natural Resources, with an unfa- 
vorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on her further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is re-referred to the 
Finance Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Odom: 

S.B. 596, a bill relating to financing of a convention center in Charlotte. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Odom: 

S.B. 597, a bill to provide attorney's fees to prevailing parties in actions relating to 
statutory liens on real property and payment and performance bonds. 
Referred to Judiciary I Committee. 

By Senator Odom: 

S.B. 598, a bill to allow property owners to recover expenses, attorneys' fees, and 
compensation for lost wages and earnings in code and ordinance enforcement actions 
brought by cities and counties that are resolved in favor of the property owner. 

Referred to Judiciary I Committee. 

By Senator Odom: 

S.B. 599, a bill permitting the child of a legislator to attend school in the local school 
administrative unit in which he resides while his parent serves in the General Assembly. 
Referred to Education Committee. 

By Senator Johnson: 

S.B. 600, a bill relating to a room occupancy tax and a prepared food and beverages 
tax in Wake County. 

Referred to Finance Committee. 

By Senator Johnson: 

S.B. 601, a bill to provide additional revenue sources for Wake County. 

Referred to Finance Committee. 

By Senator Johnson: 

S.B. 602, a bill to provide additional revenue sources for Wake County. 

Referred to Finance Committee. 



April 15, 1991 



1991] SENATE JOURNAL 233 

By Senator Johnson: 

S.B. 603, a bill to provide additional revenue sources for Wake County. 

Referred to Finance Committee. 

By Senator Johnson: 

S.B. 604, a bill to provide additional revenue sources for Wake County. 

Referred to Finance Committee. 

By Senator Johnson: 

S.B. 605, a bill to provide additional revenue sources for Wake County. 

Referred to Finance Committee. 

By Senator Johnson: 

S.B. 606, a bill to allow Wake County to charge jail fees as a local revenue option. 

Referred to Finance Committee. 

By Senator Johnson: 

S.B. 607, a bill to permit certain counties to use property tax funds for housing reha- 
bilitation programs already authorized by law. 
Referred to Finance Committee. 

By Senator Johnson: 

S.B. 608, a bill to authorize a county to enact an ordinance that: (1) requires each 
business and enterprise that generates, processes, handles, or stores hazardous materi- 
als to secure a permit; and (2) imposes a fee for such permit to be used for hazardous 
material emergency response services. 

Referred to Environment and Natural Resources Committee and, upon a fa- 
vorable report, re-referred to the Finance Committee. 

By Senator Carpenter: 

S.B. 609, a bill to provide fire protection fees in Macon County. 

Referred to Finance Committee. 

By Senator Cooper: 

S.B. 610, a bill changing the time newly elected members of the Halifax County 
Board of Education shall qualify. 

Referred to Education Committee. 

By Senator Cooper: 

S.B. 611, a bill to allow the Nash County ABC Board to make credit card sales if 
authorized by the ABC Commission. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Martin of Pitt: 

S.B. 612, a bill to provide for the merger and consolidation of the school administra- 
tive units in Nash County and the City of Rocky Mount. 

Without objection, on motion of Senator Martin of Pitt, the Chair orders the bill held 
as filed. 

By Senator Cooper: 

S.B. 613, a bill concerning Nash and Edgecombe Counties and the municipalities 
therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Perdue (by request): 

S.B. 614, a bill to authorize the Town of Atlantic Beach to pass an ordinance prohib- 
iting the possession of malt beverages or unfortified wine on public property. 
Referred to Alcoholic Beverage Control Committee. 



April 15, 1991 



234 SENATE JOURNAL [Session 

By Senator Block: 

S.B. 615, a bill to amend the Charter of the City of Wilmington with respect to the 
enforcement of building and housing ordinances. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 616, a bill to increase the fine for a violation of an ordinance of Pender County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 617, a bill to amend the Charter of the City of Wilmington with respect to proper- 
ty purchases by the City Manager. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 618, a bill to clarify a city's authority to require participation in any collection 
and disposal services provided by the city. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 619, a bill to authorize the City of Wilmington to file with the register of deeds a 
notice of special conditions attached to the zoning of property. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Parnell: 

S.B. 620, a bill to change the maintenance of effort provision for the public schools of 
Robeson County. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Parnell: 

S.B. 621, a bill allowing the Town of Saint Pauls to take into consideration prospec- 
tive revenues generated by the development in arriving at the amount of consideration for 
an economic development conveyance. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Lee and Walker: 

S.B. 622, a bill authorizing Orange County to levy an occupancy tax and Chapel Hill 
and Carrboro to increase their motor vehicle taxes. 
Referred to Finance Committee. 

By Senators Lee and Walker: 

S.B. 623, a bill to make various amendments to laws applicable in Orange and Cha- 
tham Counties. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Ballance: 

S.B. 624, a bill to clarify the applicability of the winery special show permit to be 
renamed the winery special event permit. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Ballance: 

S.B. 625, a bill to authorize Warren County to levy a one percent local land transfer 
tax. 

Referred to Finance Committee. 

By Senator Odom: 

S.B. 626, a bill to repeal the current statutes regarding fraudulent convenances and to 
adopt the Uniform Fraudulent Transfer Act in order to modernize North Carolina law 



April 15, 1991 



1991] SENATE JOURNAL 235 

and harmonize our law on this subject with those states that have adopted this uniform 
act. 

Referred to Judiciary I Committee. 

By Senator Odom: 

S.B. 627, a bill that, in order to achieve greater judicial efficiency, authorizes the 
Supreme Court to adopt rules that will allow the Court to rule on most types of motions 
without a hearing when the opposing party fails to respond to the motion within thirty 
days. 

Referred to Judiciary I Committee. 

By Senator Walker: 

S.B. 628, a bill to amend the Charter of the City of Asheboro. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S.B. 629, a bill to exempt Union County from certain statutory requirements in the 
construction of County detention facility. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Daniel: 

S.R. 630, a Senate simple resolution thanking the Alamance Chorale for its perform- 
ance on the opening day of the 1991 Session. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Martin of Guilford and Seymour: 

S.B. 631 , a bill to change the election date for the Board of Education of the Greens- 
boro City School Administrative Unit to be the same as for the City of Greensboro. 
Referred to Education Committee. 

By Senators Seymour and Martin of Guilford: 

S.B. 632, a bill to amend the law concerning the Guilford County occupancy tax. 

Referred to Finance Committee. 

By Senators Perdue and Conder: 

S.B. 633, a bill to provide for automobile insurance premium discounts of at least ten 
percent for certain persons who complete accident prevention courses. 
Referred to Insurance Committee. 

By Senator Perdue: 

S.B. 634, a bill to repeal acts directing the North Carolina Department of Environ- 
ment, Health, and Natural Resources to build a regional beach access facility. 
Referred to State Personnel and State Government Committee. 

By Senator Simpson: 

S.B. 635, a bill to eliminate the criminal penalty for taking migratory game birds with 
an unplugged or improperly plugged shotgun. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Warren, Speed, Parnell, Sands, and Plexico: 

S.B. 636, a bill to provide for a horse owners' assessment. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Martin of Guilford, Ballance, Basnight, Conder, Cooper, Daniel, Hunt, 
Hyde, Lee, Martin of Pitt, Marvin, Odom, Parnell, Perdue, Richardson, Roy all, 
Sands, Soles, Speed, Tally, Walker, Warren, and Winner: 

S.B. 637, a bill to provide for grants to schools that experience the most progress in 
student achievement for low-income and minority students. 

Referred to Appropriations Committee. 



April 15, 1991 



236 SENATE JOURNAL [Session 

By Senator Daughtry: 

S . B . 638 , a bill allowing the Town of Smithfield to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance. 

Referred to Local Government and Regional Affairs Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 118, a bill to make technical corrections to Subchapter IV of Chapter 113 of the 
North Carolina General Statutes concerning Marine Fisheries. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 343, a bill to authorize the City of Charlotte to reduce its privilege license tax 
penalties and to authorize certain cities to allow credits for privilege license tax penalties. 
Referred to Finance Committee. 

H.B. 365, a bill to provide for payment of benefits under the Registers of Deeds' 
Supplemental Pension Fund on the same day as other retirement benefits are paid. 
Referred to Pensions and Retirement Committee. 

H.B. 367, a bill to provide for payment of penalties for late payment of contributions 
by employers participating in the Local Governmental Employees' Retirement System 
and Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

H.B. 368, a bill to clarify the definition of "compensation" as used in the Local Gov- 
ernmental Employees' Retirement System and Teachers' and State Employees' Retire- 
ment System. 

Referred to Pensions and Retirement Committee. 

H.B. 374, a bill to provide for a person hunting or applying for a hunting license to 
sign a statement on a form provided by the Wildlife Resources Commission confirming 
that he had a hunting license prior to the requirement of a hunter safety course. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 467, a bill to amend the definition of "pesticide applicator". 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S.B. 426, a bill to revise and recodify as Chapter 10A the Statutes relating to notaries, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the 
Finance Committee. 



April 15, 1991 



1991] SENATE JOURNAL 237 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S. B. 287, a bill to make changes to the employment security law pertaining to contri- 
butions and coverage. 

The bill passes its second (38-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 319, a bill to amend the employment security law pertaining to waiver of late 
filing penalties. 

The bill passes its second (37-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 321, a bill to make conforming changes to the Employment Security Law. 
The bill passes its second (38-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 414, a bill to amend the revised Uniform Limited Partnership Act. 
With unanimous consent, Committee Amendment No. 1 is adopted. 
The Chair acknowledges Senator Johnson, floor manager of the measure. 
The bill, as amended, passes its second reading (42-0). 

Senator Goldston objects to the third reading of the measure which remains on the 
Calendar for tomorrow, April 16, for further consideration, upon third reading. 

S.B. 459, a bill to increase the civil penalties which may be assessed for violation of 
the Well Construction Act. 

Senator Speed offers Amendment No. 1 which is adopted (42-0). 

The bill, as amended, passes its second (42-1) and third readings and is ordered, 
without objection, sent to the House of Representatives without engrossment. 

S.B. 43 (House Committee Substitute), a bill to provide for automatic civil commit- 
ment of a defendant charged with a crime and found not guilty by reason of insanity, to 
shift the burden of proof to the defendant at subsequent hearings on release, and to make 
other changes in related procedures, for concurrence in the House Committee Substitute 
bill. 

The Senate concurs in the House Committee Substitute bill (40-0) and the House 
Committee Substitute bill is ordered enrolled. 

S.B. 136 (House Committee Substitute), a bill to extend the limited liability protec- 
tion under the trails system to landowners, units of government, trail developers, and 
trail maintainers, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (40-0) and the House 
Committee Substitute bill is ordered enrolled. 

The President recognizes the following pages serving in the Senate this week: Jennifer 
E. Atwater, Blanch; Melissa Bailey, Burlington; Heidi J. Bowen, Ocracoke; Vanessa 
Rae Bryan, Ocracoke; Megan Lea Daugherty, Cary; Cynthia Everson, Bessemer City; 
Jennifer Gleason, New Bern; Emily Kathryn Hanna, Charlotte; Bethany Lynn Hedt, 
Concord; Kyle Jefferson Holt, Richlands; Hugh Howey, Monroe; Scott LeHockey, 
CampLejeune; Hanna Lichtner, Apex; Jason Nail, Greensboro; Janet Parrish, Swan- 
nanoa; Brian Michael Pelkey, Greensboro; Aubrey Sexton, Fuquay-Varina; Nancy 
Elizabeth Troutman, Concord; Catherine Michelle Warren, Clinton; Jennifer West- 
cott, Burlington; and Valarie Wright, Ahoskie. 

On motion of Senator Barnes, seconded by Senator Blackmon, the Senate adjourns at 
7:45 P.M. to meet tomorrow, April 16, at 3:00 P.M. 



April 15, 1991 



238 SENATE JOURNAL [Session 

FORTY-FOURTH DAY 

Senate Chamber, 
Tuesday, April 16, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend James Long, Minister of Bethel Baptist Church, 
Bethel, as follows: 

"Gracious God, Creator and Sustainer of all Life, we acknowledge our humanity 
today. There is not one of us here who has not known hurt and fear and loneliness. We 
know the pains of being human; and yet, Lord, we thank You for our humanness. 

"We have come from our different walks of life. We bear our separate burdens, but we 
share in our being human, with its joys and its sorrows. And we share in our need of 
Guidance and Comfort from an Eternal Source. 

"As this Body gathers to debate and decide issues of vital importance to this State, give 
them wisdom to know what is right, and courage to stand, even if they stand alone. 
Strengthen their convictions, and soften their hearts. 

"These things, we humbly pray. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 
15, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The Chair extends courtesies of the gallery to Dwight W. Quinn, former Representa- 
tive from Cabarrus County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 43 (House Committee Substitute), an act to provide for automatic civil commit- 
ment of a defendant charged with a crime and found not guilty by reason of insanity, to 
shift the burden of proof to the defendant at subsequent hearings on release, and to make 
other changes in related procedures. (Ch. 37). 

S.B. 136 (House Committee Substitute), an act to extend the limited liability protec- 
tion under the trails system to landowners, units of government, trail developers, and 
trail maintainers. (Ch. 38). 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S.B. 284 , a bill to increase the penalty for carrying a weapon on school premises , with 
a favorable report, as amended. 

By Senator Soles for the Judiciary I Committee: 

H.B. 206, a bill to specify and make uniform throughout the State the manner of 
filling vacancies in the office of register of deeds, and to clarify that the register of deeds 
term is four years in all counties, with a favorable report, as amended. 



April 16, 1991 



1991] SENATE JOURNAL 239 

S.B. 24, a bill to deny eligibility for or revoke the drivers license of a delinquent minor 
for one year for alcohol, drug, or firearms violations, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 24 (Committee Substitute) , a bill to deny eligi- 
bility for or revoke the driver's license of a delinquent minor for one year for alcohol, 
drug, or weapons violations, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his fur- 
ther motion is placed on the Calendar for tomorrow, April 16, for further consideration. 

By Senator Goldston for the Transportation Committee: 

H . B . 48 (Committee Substitute) , a bill to permit certain Radio Emergency Associated 
Citizens Teams (REACT) vehicles to activate amber lights while operating on the high- 
ways, with a favorable report. 

S.B. 315, a bill to clarify the role of physicians in promoting highway safety, with a 
favorable report. 

On motion of Senator Staton, the bill is placed on the Calendar for Thursday, April 
25. 

S.B. 447, a bill to permit vehicles transporting heating fuel to exceed limits on light- 
traffic roads, with a favorable report. 

CALENDAR 

H.B. 20 (Committee Substitute), a bill to provide for a more efficient and equitable 
procedure for assessing and collecting local ad valorem property taxes on certain motor 
vehicles, upon second reading. 

On motion of Senator Daniel, the Committee Substitute bill is taken up out of its regu- 
lar order of business, and on his further motion, consideration of the Committee Substi- 
tute bill is postponed until Tuesday, April 23. 

S.B. 344 (Committee Substitute), a bill to transfer the North Carolina Clean Water 
Revolving Loan and Grant Program to the Department of Environment, Health, and 
Natural Resources. 

On motion of Senator Tally, the Committee Substitute bill is taken up out of its regular 
order of business, and on her further motion, consideration of the Committee Substitute 
bill is postponed until tomorrow, April 17. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Johnson: 

S.B. 639, a bill to make it clear that a power of sale included in a leasehold mortgage 
or leasehold deed of trust is enforceable. 
Referred to Judiciary I Committee. 

By Senators Murphy, Allran, Conder, Daniel, Hunt, Lee, Martin of Pitt, Marvin, 
Raynor, Richardson, Royall, Sherron, Smith, Staton, Tally, Ward, Warren, and 
Winner: 

S.B. 640, a bill to provide for collegiate insignia registration plates. 

Referred to Transportation Committee and, upon a favorable report, re-referred 
to the Finance Committee. 



April 16, 1991 



240 SENATE JOURNAL [Session 

By Senators Winner, Basnight, Blackmon, Carpenter, Carter, Cooper, Daniel, 
Forrester, Goldston, Hartsell, Hunt, Kincaid, Lee, Martin of Pitt, Marvin, Odom, 
Parnell, Perdue, Plyler, Richardson, Sands, Sherron, Simpson, Smith, Staton, Tally, 
and Walker: 

S.B. 641, a bill to return the historic designation - "The University of North Caro- 
lina" - to the University of North Carolina System's constituent institution that is located 
at Chapel Hill. 

Referred to Higher Education Committee. 

By Senator Goldston: 

S.B. 642, a bill to provide that the Department of Transportation shall issue rules 
governing the issuance of special permits for vehicles of excessive size, weight, or num- 
ber of units. 

Referred to Transportation Committee. 

By Senator Hunt: 

S.B. 643, a bill to make a nineteen-year-old and twenty-year-old purchaser of alco- 
holic beverages subject to the same punishment as the person from whom the purchase is 
made and the same punishment as an unlawful purchaser who is under nineteen years of 
age. 

Referred to Judiciary II Committee. 

By Senator Hunt: 

S.B. 644, a bill to appropriate funds to increase the level of grants-in-aid to private 
child-caring institutions. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 645, a bill to make changes in the law relating to the creation and perfection of 
security interests in rents and profits. 
Referred to Judiciary I Committee. 

By Senators Royall, Allran, Ballance, Barnes, Basnight, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner: 

S. J.R. 646, a joint resolution honoring Duke University on winning the NCAA Divi- 
sion I Men's Basketball Championship. 

With unanimous consent, on motion of Senator Royall, the joint resolution is placed 
on the Calendar for Thursday, April 18, as Special Order of Business No. 1, imme- 
diately following approval of the Journal. 

Senators Lee and Walker: 

S.B. 647, a bill to increase fiscal responsibility and accountability on the part of desig- 
nated constituent institutions of the University of North Carolina. 

Referred to Higher Education Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senators Ballance, Carpenter, and Bryan: 

S.B. 648, a bill to extend the definition of second degree murder to include causing the 
death of a viable fetus. 

Referred to Judiciary II Committee. 



April 16, 1991 



1991] SENATE JOURNAL 241 

By Senators Barnes, Daughtry, Staton, Smith, and Bryan: 

S. B. 649, a bill creating the North Carolina Air Cargo Airport Authority, authorizing 
the issuance of revenue bonds to finance airport and industrial facilities and authorizing 
units of local government to take certain actions in connection therewith. 

Referred to Economic Development Committee and, upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Seymour: 

S.B. 650, a bill to expedite adoptions through the voluntary payment of fees for cer- 
tain services. 

Referred to Finance Committee. 

By Senator Daniel: 

S.B. 651, a bill to define emergency medical services for prisoners in local confine- 
ment facilities. 

Referred to Human Resources Committee. 

By Senator Daniel: 

S.B. 652, a bill to amend the "clean risk" definition in the North Carolina Motor 
Vehicle Reinsurance Facility. 

Referred to Insurance Committee. 

By Senators Richardson and Odom: 

S.B. 653, a bill to appropriate funds for the West Charlotte business incubator to train 
and promote minority-owned businesses in the West Trade - Beatties Ford Road 
Corridor. 

Referred to Appropriations Committee. 

By Senators Parnell and Speed: 

S.B. 654, a bill to authorize the Board of Agriculture to adopt rules for the storage of 
fertilizer materials. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Tally and Soles: 

S.B. 655 , a bill to clarify the respective responsibilities of the counties and of the State 
for the expenses incurred in jury selection. 
Referred to Judiciary I Committee. 

By Senator Soles: 

S.B. 656, a bill to give the Commissioner of Insurance discretion to accept unaudited 
financial statements with motor club license renewal applications. 
Referred to Insurance Committee. 

By Senators Soles and Odom: 

S.B. 657, a bill to amend the Workers' Compensation Act regarding the rights and 
remedies of an employee, his employer, and the employer's insurance company against 
third parties. 

Referred to Judiciary I Committee. 

By Senator Conder: 

S.B. 658, a bill regarding the contracts of superintendents of local boards of educa- 
tion. 

Referred to Education Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



April 16, 1991 



242 SENATE JOURNAL [Session 

H.B. 9, a bill to reinstate sales tax on mopeds, tow dollies, and certain vehicle bodies 
and to establish a uniform long-term leasing rate. 
Referred to Finance Committee. 

H.B. 183, a bill to require the Department of Environment, Health, and Natural 
Resources to conduct various health-related projects. 
Referred to Human Resources Committee. 

H.B. 249 , a bill to extend by two years the period during which a small business con- 
cern may remain in an incubator facility. 

Referred to Economic Development Committee. 

H.B. 333, a bill to authorize the State Board of Education to adopt rules regarding the 
disposition of old textbooks and other instructional material. 
Referred to Education Committee. 

H.B. 392 (Committee Substitute) , a bill to extend the requirement that hunters wear 
blaze orange to encompass the hunting of other types of game. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 479, a bill to provide that consent to adoption is not revocable after a certain 
period of time. 

Referred to Judiciary II Committee. 

H.B. 572, a bill to allow discretion by the Secretary of Environment, Health, and 
Natural Resources as to whether to seek federal approval of any inactive hazardous sub- 
stance or waste disposal site cleanup. 

Referred to Environment and Natural Resources Committee. 

CALENDAR (Continued) 
Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 61, a bill to make technical changes to the revenue laws and related statutes, as 
amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 49, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, 
Pollard, Raynor, Richardson, Roy all, Sands, Seymour, Shaw, Sherron, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner— 49. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives, for concurrence 
in Senate Amendment No. 1. 

S.B. 39 (Committee Substitute), a bill to provide that no safe driver incentive plan 
points shall be assessed for the first accident within three years if there is property dam- 
age only and no moving violation involved. 

Senator Kincaid offers Amendment No. 1 which is adopted (48-0). 

Senator Winner offers Amendment No. 2 which is adopted (47-2). 

The Committee Substitute bill, as amended, passes its second reading (49-1). 

Senator Kaplan objects to the third reading of the measure which remains on the Cal- 
endar for tomorrow, April 17, for further consideration, upon third reading. 

RE-REFERRAL 

S.B. 5, a bill to restructure the budget process so as to assure more stable budgeting, 
by providing for use of the prior calendar year's collections as the revenue estimates, 



April 16, 1991 



1991] SENATE JOURNAL 243 

limiting use of reversions to one-time expenditures, providing for annual budgets, and 
streamlining the legislative process as a result. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Economic Development Com- 
mittee, and upon receipt of a favorable report, recommitted to the Finance 
Committee, which motions prevail. 

The Chair orders the bill re-referred to the Economic Development Committee. 

REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Perdue for the Higher Education Committee: 

S.B. 373, a bill to add four members to the North Carolina Board of Science and 
Technology, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Appropri- 
ations Committee. 

CALENDAR (Continued) 

S.B. 237 (Committee Substitute) , a bill to require employers to provide medical, hos- 
pital, and dental insurance coverage information in IV-D support cases. 

Senator Marvin offers Amendment No. 1 which is adopted (49-0). 

The Committee Substitute bill, as amended, passes its second reading (48-2). 

Senator Sands objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, April 17, for further consideration, upon third reading. 

S.B. 307 (Committee Substitute) , a bill to provide that notice of cancellation of motor 
vehicle liability insurance is not required if a new policy is issued at the same time the old 
policy is terminated or cancelled. 

The Committee Substitute bill passes its second reading (46-0) . 

Senator Cooper objects to the third reading of the measure which remains on the Cal- 
endar for tomorrow, April 17, for further consideration, upon third reading. 

H.B. 68, a bill to make the uniform management of Institutional Funds Act applica- 
ble to community foundation endowment funds administered by banks or trust compan- 
ies. 

The bill passes its second (49-0) and third readings and is ordered enrolled. 

S.B. 414, a bill to amend the revised Uniform Limited Partnership Act, as amended, 
upon third reading. 

The bill, as amended, passes its third reading (48-0) and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 465, a bill to transfer the community penalties program from the Department of 
Crime Control and Public Safety to the Administrative Office of the Courts, as amended, 
upon third reading. 

On motion of Senator Marvin, further consideration of the bill, as amended, is post- 
poned until Monday, April 22. 

S.B. 39 (Committee Substitute), a bill to provide that no safe driver incentive plan 
points shall be assessed for the first accident within three years if there is property 



April 16, 1991 



244 SENATE JOURNAL [Session 

damage only and no moving violation involved, as amended, placed earlier today on the 
Calendar for April 17, upon third reading. 

Senator Kaplan withdraws his objection to third reading and, with unanimous con- 
sent, the Committee Substitute bill, as amended, is withdrawn from the Calendar of 
April 17 , and is placed before the Senate for further consideration upon its third reading. 

The Committee Substitute bill, as amended, passes its third reading (49-0) and is 
ordered engrossed and sent to the House of Representatives. 

On motion of Senator Barnes, seconded by Senator Goldston, the Senate adjourns at 
4:05 P.M. to meet tomorrow, April 17, at 3:00 P.M. 



FORTY-FIFTH DAY 



Senate Chamber, 
Wednesday, April 17, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend James Long, Minister of Bethel Baptist Church, 
Bethel, as follows: 

"Eternal God, encourage our hearts today, for we live in what is often times a discour- 
aging world. We cannot pick up a newspaper or turn on the nightly newscast without 
being bombarded with the latest tragedy. These brutal events occur, not only in far away 
places to people with whom we have no connection, they occur all too close to home. 
They even occur within our homes. We need Your Good News, for we have enough bad 
news to go around. 

"You have spoken to us in the past, yet we have turned a deaf ear to You. You have 
reached to us in the past, yet we have turned our backs on You. We beseech You, Al- 
mighty God, to speak again, that we might hear Your Voice. We plead with You to reach 
out to us again, that we might feel Your Touch, and be changed. 

"Lord, if we are left to our own devices, we shall surely come to ruin. In times of 
darkness , You are a Lamp unto my feet . In the midst of life ' s storms , You are a Harbor . 
When we are surrounded on all sides, You are our Fortress. To put it simply, God, we 
need You, now more than ever. Hear us as we pray. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 
16, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H. B. 68, an act to make the uniform management of Institutional Funds Act applica- 
ble to community foundation endowment funds administered by banks or trust compan- 
ies. (Ch. 39) 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 



April 17, 1991 



1991] SENATE JOURNAL 245 

By Senators Staton, Ballance, Carpenter, Conder, Daughtry, Hunt, Hyde, Johnson, 
Lee, Murphy, Parnell, Perdue, Plyler, Sherron, Smith, Walker, and Winner: 

S.B. 659, a bill to make amendments to Statutes governing National Guard awards. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senator Cooper: 

S.B. 660, a bill to repeal the Boat Hull Anti-Copying Act. 

Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 661 , a bill to add to the list of fiduciary powers the powers to divide one trust into 
several trusts and to consolidate similar trusts. 
Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 662, a bill to repeal the sunset on the act pertaining to invention development 
services. 

Referred to Manufacturing and Labor Committee. 

By Senator Sands: 

S.B. 663, a bill to prohibit employment discrimination and to clarify the applicability 
of laws to avoid their conflicting interpretation. 

Referred to Manufacturing and Labor Committee. 

By Senator Sands: 

S.B. 664, a bill to increase the jurisdiction of magistrates and clerks of a court in 
worthless check cases. 

Referred to Judiciary I Committee. 

By Senators Sands and Bryan: 

S.B. 665, a bill to amend the application of G.S. 160A-299 concerning cities perma- 
nently closing streets and alleys. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Sands and Daniel: 

S.B. 666, a bill to appropriate funds for a statewide performance audit of State gov- 
ernment. 

Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 667, a bill to restore the traditional Christmas holiday schedule to State em- 
ployees. 

Referred to Rules and Operation of the Senate Committee and, upon a favor- 
able report, re-referred to the State Personnel and State Government Commit- 
tee and, upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Hartsell: 

S.B. 668, a bill to limit the method of measuring just compensation for taking by 
eminent domain. 

Referred to Judiciary I Committee. 

By Senators Speed, Ballance, Basnight, Bryan, Conder, Daniel, Daughtry, Hunt, 
Hyde, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Perdue, Plyler, Royall, 
Sands, Shaw, Smith, Soles, Tally, and Warren: 

S.B. 669, a bill to authorize a pork promotion assessment. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



April 17, 1991 



246 SENATE JOURNAL [Session 

By Senators Speed, Basnight, Conder, Daniel, Parnell, Plyler, and Sands: 
S.B. 670, a bill authorizing wildlife protectors to assist in the enforcement of laws 
when a crime has been committed in their presence or when a State or local law enforce- 
ment officer has requested their assistance. 
Referred to Judiciary II Committee. 

By Senators Seymour, Daniel, Shaw, Royall, Sands, and Martin of Guilford: 
S.B. 671, a bill to appropriate funds for bond enhancement relating to the Piedmont 

Triad International Airport. 

Referred to Appropriations Committee and, upon a favorable report, re-referred 

to the Finance Committee. 

By Senators Seymour, Royall, Martin of Guilford, Daniel, Shaw, and Sands: 
S.B. 672, a bill to appropriate funds for a fire suppression system at Piedmont Triad 
International Airport. 

Referred to Appropriations Committee. 

By Senators Seymour, Royall, Martin of Guilford, Daniel, Shaw, and Sands: 
S.B. 673, a bill to reduce the State sales tax on aircraft maintenance equipment to one 

percent with a cap of eighty dollars per item and to provide that local sales tax does not 

apply to aircraft maintenance equipment. 
Referred to Finance Committee. 

By Senators Martin of Guilford, Block, Hartsell, Perdue, and Speed: 
S.B. 674, a bill to create a study commission on computer services. 
Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 675, a bill to define and regulate certain activities of nongovernmental home 
inspectors. 

Referred to Insurance Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 165 (Committee Substitute No. 2), a bill to encourage the maintenance of af- 
fordable housing stock. 

Referred to Judiciary I Committee. 

H.B. 225 (Committee Substitute No. 2), a bill to authorize Dare County to increase 
its occupancy tax, levy a restaurant tax, and create a tourism board to promote tourism 
in Dare County. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 278 (Committee Substitute), a bill to amend the Charter of the Town of Long 
Beach to allow the town to assess benefited property for undergrounding of utilities, and 
for construction of public streets by necessity. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 302, a bill to create the North Carolina Center for Applied Textile Technology. 
Referred to Higher Education Committee. 

H.B. 321 (Committee Substitute) , a bill to exempt real estate acquired by the Depart- 
ment of Transportation from the requirement that it be appraised by a licensed or 



April 17, 1991 



1991] SENATE JOURNAL 247 

certified appraiser when the estimated value of the real estate is less than ten thousand 
dollars. 

Referred to State Personnel and State Government Committee. 

H.B. 390, a bill to authorize fees for plant pest inspection and certification. 
Referred to Finance Committee. 

H.B. 587 (Committee Substitute), a bill to allow Atlantic Beach, Ocean Isle Beach, 
Sunset Beach, Yaupon Beach, Long Beach, Caswell Beach, and Topsail Beach to regu- 
late jet skiing. 

Referred to Local Government and Regional Affairs Committee. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 349, a bill to permit the sale of easements to fill for less than fair market value, 
with a favorable report. 

S.B. 241, a bill to allow North Carolina Amateur Sports to use State trucks and vans 
for the State Games of North Carolina, with a favorable report, as amended. 

On motion of Senator Staton, the bill is placed on the Calendar for Wednesday, April 
24, for consideration. 

S.B. 305, a bill to provide that title to State lands cannot be acquired by adverse pos- 
session, with a favorable report, as amended. 

H.B. 51 (Committee Substitute), a bill to consolidate and revise Statutes concerning 
the Property Tax Commission, to repeal unnecessary duties of the Department of Reve- 
nue, to repeal the requirement that all of the employees in the Department of Revenue 
take an oath, and to conform the oaths required by the officeholders in the Department of 
Revenue to the oath required by the Constitution, with a favorable report, as amended. 

Pursuant to Rule 45.1, the Committee Substitute bill is placed before the Senate for 
immediate consideration and Committee Amendment No. 1 is adopted. 

The Chair orders the Committee Substitute bill, as amended, re-referred to the 
Appropriations Committee. 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S.B. 508, a bill to establish a fee for feed testing, with a favorable report. 

On motion of Senator Speed, the bill is re-referred to the Finance Committee. 

S.B. 553, a bill to prohibit hunting on or across the right-of-way of public roads or 
highways in a portion of Franklin County and to require written permission before hunt- 
ing on or across the right-of-way of public roads or highways in the remainder of Frank- 
lin County, with a favorable report. 

On motion of Senator Speed, the bill is re-referred to the Finance Committee. 

H.B. 166, a bill to prohibit hunting from the right-of-way of a portion of State Road 
1401 in Craven County, with a favorable report. 
On motion of Senator Speed, the bill is re-referred to the Finance Committee. 



April 17, 1991 



248 SENATE JOURNAL [Session 

H.B. 348, a bill to prohibit hunting from the right-of-way of hard surfaced roads in 
Jones County, with a favorable report. 

On motion of Senator Speed, the bill is re-referred to the Finance Committee. 

S.B. 460, a bill to authorize the Wildlife Resources Commission to issue proclama- 
tions suspending or extending the hook-and-line season for striped bass fishing, with a 
favorable report, as amended. 

By Senator Odom for the Insurance Committee: 

S.B. 338 , a bill to raise miscellaneous fees collected by the Department of Insurance , 
with a favorable report. 

On motion of Senator Odom, the bill is re-referred to the Finance Committee. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 113, a bill to allow the Town of Ayden to dispose of certain property by private 
negotiation and sale, with a favorable report, as amended. 

H.B. 339, a bill to exempt Pasquotank County from the requirements of Article 12 of 
Chapter 160A of the General Statutes as to the lease or sale of certain property, with a 
favorable report, as amended. 

S.B. 629, a bill to exempt Union County from certain statutory requirements in the 
construction of County detention facility, with a favorable report, as amended. 

On motion of Senator Plyler, the bill is placed on the Calendar for today, in its regular 
order of business, for consideration. 

S.B. 219, a bill to extend the corporate limits of the Town of Davidson, with a favor- 
able report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 

S.B. 452, a bill to permit North Carolina cities and counties to issue bonds to finance 
economic development and urban redevelopment, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

S.B. 584, a bill to authorize the City of Durham to provide off-street parking at re- 
duced rates or without charge to persons residing in the downtown area of the City, with a 
favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

By Senator Daniel for the Finance Committee: 

S.B. 312, a bill to provide that teachers may participate in the Public Employees' 
Compensation Plan, with a favorable report. 

S.B. 469, a bill to authorize Rockingham County to levy a room occupancy and tour- 
ism development tax, with a favorable report. 

H.B. 10 (Committee Substitute) , a bill to allow lessors and renters of motor vehicles 
to elect to pay highway use tax on motor vehicles owned on October 1, 1989, and to 
clarify that these motor vehicles are otherwise subject to the gross receipts tax, with a 
favorable report. 

H.B. 84, a bill to repeal the sunset on legislation authorizing Currituck County to levy 
an excise tax on instruments conveying real property, with a favorable report. 



April 17, 1991 



1991] SENATE JOURNAL 249 

H.B. 119, a bill to extend the corporate limits of the Town of Pineville, with a favor- 
able report. 

H.B. 185, a bill to modify the scope of the Gaston County occupancy tax, with a 
favorable report. 

H.B. 273, a bill to increase the penalties for violation of Henderson County's occu- 
pancy tax law, with a favorable report. 

On motion of Senator Daniel, the bill is placed on the Calendar for Tuesday, April 23, 
for consideration. 

H.B. 291, a bill to authorize the City of Charlotte to levy a motor vehicle tax not to 
exceed twenty-five dollars, with a favorable report. 

S . B . 260 , a bill to incorporate the Village of Tobaccoville , subject to a referendum , to 
amend the Charter of the City of King, and to authorize entry into and recordation of an 
agreement, with a favorable report, as amended. 

S . B . 299 , a bill to incorporate the Town of Lewisville in Forsyth County , with a favor- 
able report, as amended. 

By Senator Conder for the Education Committee: 

S.B. 493, a bill to change the pay date for certain employees of the Kings Mountain 
schools, with a favorable report. 

S.B. 457 , a bill to consolidate all of the school administrative units in Guilford County 
or to provide for the two city school administrative units in that County to have bound- 
aries coterminous with the cities, subject to a referendum, with a favorable report, as 
amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 629, a bill to exempt Union County from certain statutory requirements in the 
construction of County detention facility. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (49-0) and third readings and is ordered, on 
motion of Senator Plyler, without objection, sent to the House of Representatives by 
special messenger without engrossment. 

S.B. 24 (Committee Substitute), a bill to deny eligibility for or revoke the driver's 
license of a delinquent minor for one year for alcohol, drug, or weapons violations. 

Senator Winner offers Amendment No. 1, which he subsequently withdraws. 

The Committee Substitute bill passes its second reading (48-1). 

Without objection, on motion of Senator Soles, the Committee Substitute bill is tem- 
porarily displaced. 

S.B. 284, a bill to increase the penalty for carrying a weapon on school premises. 
On motion of Senator Sands, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (50-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



April 17, 1991 



250 SENATE JOURNAL [Session 

S.B. 344 (Committee Substitute), a bill to transfer the North Carolina Clean Water 
Revolving Loan and Grant Program to the Department of Environment, Health, and 
Natural Resources. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 24 (Committee Substitute), a bill to deny eligibility for or revoke the driver's 
license of a delinquent minor for one year for alcohol, drug, or weapons violations, upon 
third reading, temporarily displaced earlier. 

Senator Soles offers Amendment No. 2 which is adopted (47-1) , changing the title to 
read, S.B. 24 (Committee Substitute) , a bill to deny eligibility for or revoke the driver's 
license of a delinquent minor for one year or until age eighteen for alcohol, drug, or 
weapons violations. 

The Committee Substitute bill, as amended, passes its third reading (48-0) and is 
ordered engrossed and sent to the House of Representatives. 



SUSPENSION OF RULE 41(a4) 

Pursuant to Rule 41 (a4) which requires public bills without revenue requirements 
submitted to Bill Drafting by Thursday , April 1 1 be filed by 3 : 00 P . M . April 1 8 , Senator 
Barnes offers a motion to suspend the rules to allow such bills filed by 3:00 P.M. 
Tuesday, April 23. The motion prevails and the filing deadline is extended until 3:00 
P.M. Tuesday, April 23. 



APPOINTMENTS 

The President Pro Tempore rises and pursuant to G.S. 120-149.6 announces appoint- 
ments to the Joint Legislative Committee on New Licensing Boards: 
Senator Parnell (Chairman) 
Senators Plexico, Soles, Hyde, and Daughtry. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns at 
3:45 P.M. to meet tomorrow, April 18, at 3:00 P.M. 



FORTY-SIXTH DAY 

Senate Chamber, 
Thursday, April 18, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend James Long, Minister of Bethel Baptist Church, 
Bethel, as follows: 

"Most Gracious Heavenly Father, teach us the value of this day, for we are not guar- 
anteed another. Each one is a Precious Gift from You, its worth determined by how we 
spend it. Give us the wisdom to spend this day wisely, and to treasure it for it shall soon 
be gone. 

"As we go about our day, concerning ourselves with the big matters of State, make us 
to notice the Small Blessings that You have provided along the way: the blue sky; the 



April 18, 1991 



1991] SENATE JOURNAL 251 

green grass; the budding azaleas; and the sounds of birds at dawn, and crickets when 
night falls. All these You have provided, and for these we give You thanks. 

"God, You alone know the trials that each marriage, each parent-child relationship is 
going through. You know the hurt feelings, and the betrayal. Families within and with- 
out these walls are falling apart. Therefore, it is my heartfelt cry that You strengthen the 
families of these men and women gathered here. These elected servants of North 
Carolina need stable families built on the Rock. You are the Rock, and to You we pray. 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 
17, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Plexico and Senator 
Plyler; to Senator Conder, who is attending a funeral in his home county; Senator Martin 
of Guilford, who is attending the Interstate Migrant Education Council meeting in Wash- 
ington, D.C. , as North Carolina's Representative; and Senator Staton, who is attending 
an Executive Committee of the Southern Legislative Conference meeting in Lexington, 
Kentucky. 

The President extends courtesies of the Chamber to James H. Edwards, former Sena- 
tor from Caldwell County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 244, an act concerning municipal elections in the City of High Point. (Ch. 40) 

SPECIAL ORDER NO. 1 

With unanimous consent, the Chair directs that the order of today's business will 
proceed until the Duke University Men's Basketball Team arrives at the doors of the 
Chamber to be presented to the Senate. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S . B . 450 , a bill to provide for the certification of water pollution control system opera- 
tors by expanding the functions of the Wastewater Treatment Plant Operators Certifica- 
tion Commission and to rename the Commission as the Water Pollution Control System 
Operators Certification Commission, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill, is re-referred to the 
Finance Committee. 

By Senator Soles for the Judiciary I Committee: 

S.B. 291, a bill to authorize the use of electronic means for the docketing of civil 
judgments and the making of entries in judgment dockets and judgment and docket 
books, with a favorable report. 



April 18, 1991 



252 SENATE JOURNAL [Session 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 95, a bill to amend Chapter 1079 of the 1984 Session Laws to authorize Cum- 
berland County to sell industrial sites in its industrial park without compliance with G.S. 
1 58-7 . 1 (d) , with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Senate Committee Substi- 
tute bill, which changes the title to read H.B. 95 (Senate Committee Substitute) , a bill to 
amend Chapter 1079 of the 1984 Session Laws to authorize Cumberland County to sell 
industrial sites in its industrial park, is placed before the Senate for immediate consider- 
ation. 

On motion of Senator Lee, the Senate Committee Substitute bill is adopted, and on his 
further motion, is placed on the Calendar for Monday, April 22, for further consider- 
ation. 

By Senator Block for the Pensions and Retirement Committee: 

H.B. 365, a bill to provide for payment of benefits under the Registers of Deeds' 
Supplemental Pension Fund on the same day as other retirement benefits are paid, with a 
favorable report. 

H.B. 368, a bill to clarify the definition of "compensation" as used in the Local Gov- 
ernmental Employees' Retirement System and Teachers' and State Employees' Retire- 
ment System, with a favorable report. 

H.B. 367 , a bill to provide for payment of penalties for late payment of contributions 
by employers participating in the Local Governmental Employees' Retirement System 
and Teachers' and State Employees' Retirement System, with a favorable report, as 
amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, re-referred to the Appropriations 
Committee. 

By Senator Daniel for the Finance Committee: 

S. B. 479, a bill to extend the corporate limits of the Town of Smithfield to include the 
Johnston County Country Club, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Daniel, the Committee Substitute bill is placed on the Calendar 
for Monday, April 22, for further consideration. 

By Senator Sands for the Judiciary II Committee: 

H.B. 267, a bill to amend the definition of "business opportunity," with a favorable 
report. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following joint resolution, which is read the first time and disposed of as follows: 

H. J.R. 914, a joint resolution honoring Duke University on winning the NCAA Divi- 
sion I Men's Basketball Championship. 

Without objection, the Chair orders the joint resolution temporarily displaced. 



April 18, 1991 



1991] SENATE JOURNAL 253 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Warren and Plexico: 

S.B. 676, a bill to permit local boards of education to enter into lease purchase con- 
tracts for computers. 

Referred to Education Committee. 

By Senators Speed, Basnight, Block, Conder, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Sherron, and Soles: 

S.B. 677 , a bill to provide certain minimum returns to all retirees of all State-adminis- 
tered retirement systems. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Simpson: 

S.B. 678 , a bill to establish penalties for the criminally negligent use of a firearm while 
hunting. 

Referred to Agriculture, Marine Resources, and Wildlife Committee: 

By Senator Walker: 

S.B. 679, a bill to include geologists within the definition of professional service in the 
Professional Corporation Act. 

Referred to Judiciary I Committee. 

By Senator Hyde: 

S.B. 680, a bill to clarify the age limitations for service as a justice or judge of the 
Appellate Division of the General Court of Justice. 
Referred to Judiciary I Committee. 

By Senator Soles: 

S.B. 681, a bill to allow injured employees to select or change treating physicians in 
workers' compensation cases. 

Referred to Judiciary I Committee. 

By Senator Block: 

S.B. 682, a bill to amend Statutes regulating housemoving. 

Referred to Insurance Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Block: 

S.B. 683, a bill to provide for the appointment of directors to the North Carolina 
Insurance Underwriting Association and to the Fair Plan Underwriting Association and 
to permit the coverage of farm and manufacturing risks by the North Carolina Underwrit- 
ing Association. 

Referred to Insurance Committee. 

By Senator Sands: 

S.B. 684, a bill to enable the Board of Chiropractic Examiners to certify diagnostic 
imaging technicians employed by chiropractic physicians. 
Referred to Human Resources Committee. 

By Senator Sands: 

S.B. 685, a bill to provide notice to each secured party or other person claiming an 
interest in a motor vehicle, when the holder of a lien asserts his lien and proposes sale of 
the motor vehicle to satisfy the lien. 

Referred to Judiciary II Committee. 



April 18, 1991 



254 SENATE JOURNAL [Session 

By Senator Sands: 

S.B. 686, a bill to make technical changes to clarify conflict of interest of board of 
directors of hospital, medical, and dental service corporations. 
Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 687, a bill to create the motor vehicle towing and storage at the request of State 
and Local Governments Study Commission. 
Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 688, a bill to provide reduced insurance rates for reduced coverages. 

Referred to Insurance Committee. 

By Senator Soles: 

S.B. 689, a bill to clarify the law regarding creation of a joint tenancy with right of 
survivorship. 

Referred to Judiciary I Committee. 

By Senator Sands: 

S.B. 690, a bill to provide for the enforcement of a lien on a motor vehicle in connec- 
tion with repairs, when the lienor does not have possession of the motor vehicle. 
Referred to Judiciary II Committee. 

By Senator Ward: 

S.B. 691, a bill to exempt public school buses from the highway use tax. 

Referred to Finance Committee. 

By Senators Kincaid and Simpson: 

S.B. 692, a bill to restore discretion to local governments regarding zoning of group 
homes. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Kincaid: 

S.B. 693, a bill to shorten certain time periods contained in the procedure for evicting 
tenants. 

Referred to Judiciary I Committee. 

By Senator Lee: 

S.B. 694, a bill to provide for mandatory certification of clinical social workers. 

Referred to Human Resources Committee. 

By Senator Ballance: 

S.B. 695, a bill to provide special rules for international commercial arbitrations. 

Referred to Judiciary I Committee. 

By Senator Block: 

S.B. 696 , a bill to require execution upon the property of a debtor of a judgment debtor 
when the execution against the property of the judgment debtor is returned unsatisfied. 
Referred to Judiciary I Committee. 

By Senators Raynor and Tally: 

S.B. 697, a bill to conform the tax treatment of armed forces personnel and certain 
other individuals to federal law. 

Referred to Finance Committee. 

By Senator Odom: 

S.J.R. 698, a joint resolution providing that the Legislative Research Commission 
shall study the issue of limiting length of legislative sessions. 
Referred to Appropriations Committee. 



April 18, 1991 



1991] SENATE JOURNAL 255 

By Senators Odom, Sands, Soles, Sherron, and Hunt: 

S . B . 699 , a bill to fulfill the intent of the insurance equality statute by correcting omis- 
sions in that Statute. 

Referred to Insurance Committee. 

By Senators Odom, Perdue, and Staton: 

S.B. 700, a bill to establish the Certified Interior Designers Title Registration Act. 

Referred to State Personnel and State Government Committee. 

By Senators Martin of Guilford, Block, Basnight, Perdue and Hartsell: 
S.B. 701, a bill to establish the North Carolina Aquariums Commission and aquar- 
ium entrance fees. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Murphy: 

S.B. 702, a bill to provide for a turfgrass/forage research assessment. 
Referred to Agriculture, Marine Resources, and Wildlife Committee and, 
upon a favorable report, re-referred to the Finance Committee. 



SPECIAL ORDER NO. 1 

The hour having arrived for the consideration of Special Order of Business No. 1 , the 
President of the Senate lays before the Senate Special Order No. 1, it being S.J.R. 646, 
a joint resolution honoring Duke University on winning the NCAA Division I Men's 
Basketball Championship. 

Senator Royall rises and announces the presence of the Duke University NCAA Divi- 
sion I Men's Basketball Championship Team, Coach and Mrs. Krzyzewski, and mem- 
bers of his staff are at the doors of the Chamber and await the pleasure of the Senate. 
The President orders the Sergeant-at-Arms to open the doors of the Chamber and ap- 
points Senator Royall and Senator Hunt, the Durham delegation, along with Senator 
Sands, Senator Tally, Senator Allran, and Senator Warren, alumni of Duke University 
to escort the Honored Guests to the Well of the Senate. 

Senator Royall presents the Honored Guests to the Membership. With unanimous 
consent, on motion of Senator Royall, the joint resolution, signed by the full Member- 
ship of the Senate, is read in its entirety. Senator Royall briefly addresses the Member- 
ship, and introduces Coach Mike Krzyzewski. The President grants permission for 
Coach Krzyzewski to address the Membership. Coach Krzyzewski addresses the Mem- 
bership and introduces his wife, Carol Marsh Krzyzewski; members of the Duke Univer- 
sity NCAA Division I Men's Basketball Championship Team who are present: Christian 
Ast, Kenny Blakeney, Marty Clark, Brian Davis, Grant Hill, Thomas Hill, Bobby 
Hurley, Christian Laettner, Antonio Lang, Bill McCaffrey, and Crawford Palmer; as- 
sistant coaches, Mike Brey, Tommy Amaker, Pete Gaudet, and Jay Bilas; trainer, Max 
Crowder; senior managers, Ivan Jones and Peter Lowder; and offers his regrets that 
Seniors Clay Buckley and Greg Koubek are unable to attend due to previously scheduled 
job interviews. Members of the Escort Committee, Senator Hunt, Senator Sands, Sena- 
tor Tally, Senator Allran, and Senator Warren extend congratulations to the Honored 
Guests and briefly address the Membership. 

The joint resolution passes its second (45-0) and third readings and is ordered, with- 
out objection, sent to the House of Representatives by special messenger. 

The President directs the Committee to escort the Honored Guests from the Chamber. 



April 18, 1991 



256 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

(Continued) 

By Senators Warren, Plexico, Tally, Sherron and Ward: 

S.B. 703, a bill to provide the travel and tourism policy of North Carolina. 

Referred to Travel, Tourism, and Cultural Resources Committee. 

By Senators Warren, Plexico, Tally, and Sherron: 

S.B. 704, a bill to appropriate funds for a geography-based curriculum in the public 
schools. 

Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 705, a bill to raise the level of expenditure on public building projects on which 
informal competitive bid procedures may be used. 

Referred to State Personnel and State Government Committee. 

By Senator Soles: 

S.B. 706, a bill to provide for the enforcement of certain North Carolina laws regard- 
ing corporate acquisitions. 

Referred to Judiciary I Committee. 

By Senators Odom, Sands, and Soles: 

S.B. 707, a bill to provide procedures for the return of condemned property. 

Referred to Judiciary I Committee. 

By Senators Walker, Daniel, Richardson, and Murphy: 

S.B. 708, a bill to set maximum rates for residents in domiciliary care facilities. 
Referred to Human Resources Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senators Pollard, Ballance, Blackmon, Bryan, Cochrane, Hunt, Martin of 
Guilford, Parnell, Plexico, and Smith: 

S.B. 709 , a bill to require that funds held for the payment of taxes , insurance , or other 
costs incident to a first mortgage or deed of trust on residential real property must be 
placed in interest-bearing accounts. 

Referred to Banks and Thrift Institutions Committee. 

By Senator Ward: 

S.B. 710, a bill to amend the law relating to mental health clients' rights to prevent 
unnecessary duplication of rules. 

Referred to Human Resources Committee. 

By Senator Staton: 

S.B. 711, a bill to authorize certain loan and appraisal fees and to amend the usury 
laws applicable to commercial loans. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Plexico, Cooper, Lee, Staton, Tally, Ward, and Warren: 
S.B. 712, a bill to establish the Fee-Based Practicing Pastoral Counselors Certifica- 
tion Act. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Tally and Raynor: 

S.B. 713, a bill to designate the Carolina Tartan as the official Scottish Tartan of the 
State of North Carolina. 

Referred to State Personnel and State Government Committee. 



April 18, 1991 



1991] SENATE JOURNAL 257 

By Senators Tally, Ray nor, and Perdue: 

S. B. 714, a bill to allow industry sponsored personnel to attend educational programs 
on military bases. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H . B . 149 (Committee Substitute) , a bill to increase the State effort to provide remedi- 
ation. 

Referred to Higher Education Committee. 

H.B. 410 (Committee Substitute), a bill to amend the Environmental Policy Act of 
1971 and to make the Act permanent. 

Referred to Environment and Natural Resources Committee. 

H.B. 582, a bill to clarify that spin-offs of professional corporations are allowed only 
if carried out in accordance with federal law as it may be amended. 
Referred to Judiciary II Committee. 

H.B. 607, a bill changing the method of electing the Board of Commissioners for the 
Town of Williamston. 

Referred to Election Laws Committee. 

H.B. 608, a bill to allow the Village of Bald Head Island to operate a contract post 
office . 

Referred to Local Government and Regional Affairs Committee. 

H.B. 611, a bill to change the date of the nonpartisan Avery County School Board 
election from May to November. 

Referred to Education Committee. 



CALENDAR 

Bills on the Calendar carried forward as unfinished business from Wednesday, April, 
17, are taken up and disposed of, as follows: 

S.B. 447, a bill to permit vehicles transporting heating fuel to exceed limits on light- 
traffic roads. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 48 (Committee Substitute) , a bill to permit certain Radio Emergency Associated 
Citizens Teams (REACT) vehicles to activate amber lights while operating on the high- 
ways. 

The Committee Substitute bill passes its second (42-0) and third readings and is 
ordered enrolled. 

H.B. 206, a bill to specify and make uniform throughout the State the manner of 
filling vacancies in the office of register of deeds, and to clarify that the register of deeds 
term is four years in all counties. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (40-1) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 



April 18, 1991 



258 SENATE JOURNAL [Session 

The President of the Senate relinquishes the gavel to Senator Barnes, President Pro 
Tempore, who presides in his absence. 

S. B. 237 (Committee Substitute) , a bill to require employers to provide medical, hos- 
pital, and dental insurance coverage information in IV-D support cases, as amended, 
upon third reading. 

Senator Sands offers Amendment No. 2 which is adopted (37-0). 

The Committee Substitute bill, as amended, passes its third reading (39-0) and is 
ordered engrossed and sent to the House of Representatives. 

S . B . 307 (Committee Substitute) , a bill to provide that notice of cancellation of motor 
vehicle liability insurance is not required if a new policy is issued at the same time the old 
policy is terminated or canceled, upon third reading. 

The Committee Substitute bill passes its third reading (39-0) and is ordered sent to the 
House of Representatives. 

Bills and resolutions on today's Calendar are taken up and disposed of, as follows: 

S . B . 260 , a bill to incorporate the Village of Tobaccoville , subject to a referendum , to 
amend the Charter of the City of King, and to authorize entry into and recordation of an 
agreement, upon second reading. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 40, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, Odom, Par- 
nell, Perdue, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Smith, Soles, Speed, Tally, Walker, Ward, and Winner— 40. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, April 22, for 
further consideration, upon third reading. 

S. B. 299, a bill to incorporate the Town of Lewisville in Forsyth County, upon second 
reading. 

On motion of Senator Kaplan, Committee Amendment No. 1 is adopted. 

Senator Kaplan offers Amendment No. 2, held not to be material, which is adopted 
(39-0). 

The bill, as amended, passes its second reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, Odom, Par- 
nell, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, 
Soles, Speed, Tally, Walker, Ward, and Winner— 39. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, April 22, for 
further consideration, upon third reading. 

S.B. 469, a bill to authorize Rockingham County to levy a room occupancy and tour- 
ism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 37, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cooper, Daughtry, Forrester, Goldston, Hartsell, Hyde, 



April 18, 1991 



1991] SENATE JOURNAL 259 

Johnson, Kaplan, Lee, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Pollard, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, 
Tally, Walker, Ward, and Winner — 37. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 22, for further consider- 
ation, upon third reading. 

H.B. 84, a bill to repeal the sunset on legislation authorizing Currituck County to levy 
an excise tax on instruments conveying real property, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 35, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hyde, Johnson, Lee, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Pollard, 
Raynor, Richardson, Royall, Seymour, Shaw, Sherron, Smith, Soles, Speed, Tally, 
Walker, and Ward— 35. 

Voting in the negative: Senator Winner— 1. 

The bill is ordered placed on the Calendar for Monday, April 22, for further consider- 
ation, upon third reading. 

H.B. 119, a bill to extend the corporate limits of the Town of Pineville, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hyde, Johnson, Lee, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Pollard, 
Raynor, Richardson, Royall, Seymour, Shaw, Sherron, Smith, Soles, Speed, Tally, 
Walker, Ward, and Winner— 36. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 22, for further consider- 
ation, upon third reading. 

H.B. 185, a bill to modify the scope of the Gaston County occupancy tax, upon sec- 
ond reading. 

The bill passes its second reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hyde, Johnson, Lee, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Pollard, 
Raynor, Richardson, Royall, Seymour, Shaw, Sherron, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, and Winner — 37. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 22, for further consider- 
ation, upon third reading. 

H.B. 291, a bill to authorize the City of Charlotte and the Town of Matthews to levy a 
motor vehicle tax not to exceed twenty-five dollars, upon second reading. 

Senator Hartsell offers Amendment No. 1, held to be material, which is adopted 
(36-1), constituting the first reading of the measure, changing the title to read, H.B. 
291, a bill to authorize the City of Charlotte and the Town of Matthews to levy a motor 
vehicle tax not to exceed twenty-five dollars. 

The bill, as amended, is ordered placed on the Calendar for Monday, April 22, for 
further consideration, upon second reading. 

S.B. 493, a bill to change the pay date for certain employees of the Kings Mountain 
schools. 

The bill passes its second (35-0) and third readings and is ordered sent to the House of 
Representatives. 



April 18, 1991 



260 SENATE JOURNAL [Session 

H.B. 113, a bill to allow the Town of Ayden to dispose of certain property by private 
negotiation and sale. 

On motion of Senator Martin of Pitt, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 339, a bill to exempt Pasquotank County from the requirements of Article 12 of 
Chapter 160A of the General Statutes as to the lease or sale of certain property. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 10 (Committee Substitute) , a bill to allow lessors and renters of motor vehicles 
to elect to pay highway use tax on motor vehicles owned on October 1, 1989, and to 
clarify that these motor vehicles are otherwise subject to the gross receipts tax, upon 
second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 35, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hyde, Johnson, Lee, Martin of Pitt, Marvin, Odom, Parnell, Pollard, Richardson, 
Royall, Seymour, Shaw, Sherron, Smith, Soles, Speed, Tally, Walker, Ward, Warren, 
and Winner— 35. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, April 
22, for further consideration, upon third reading. 

S.B. 305, a bill to provide that title to State lands cannot be acquired by adverse pos- 
session. 

On motion of Senator Sherron, consideration of the bill is postponed until Thursday, 
April 25. 

S.B. 312, a bill to provide that teachers may participate in the Public Employees' 
Compensation Plan. 

Pursuant to the provisions of G. S. 120-1 1 1 , Senator Winner rises to a point of order. 
The Chair sustains the point of order and consequently orders the measure taken from the 
Calendar of today and re-referred to the Pensions and Retirement Committee. 

S.B. 349, a bill to permit the sale of easements to fill for less than fair market value. 
The bill passes its second (32-4) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 460, a bill to authorize the Wildlife Resources Commission to issue proclama- 
tions suspending or extending the hook-and-line season for striped bass fishing. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (37-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H. J.R. 914, a joint resolution honoring Duke University on winning the NCAA Divi- 
sion I Men's Basketball Championship, temporarily displaced earlier. 

Without objection, on motion of Senator Royall, the joint resolution is placed on the 
Calendar for Tuesday, April 23. 



April 18, 1991 



1991] SENATE JOURNAL 261 

APPOINTMENTS 

Senator Barnes, President Pro Tempore, rescinds appointments to the Joint Legisla- 
tive Committee on New Licensing Boards announced yesterday, April 17, citing the ap- 
pointive authority is the President of the Senate. 

On motion of Senator Royall, seconded by Senator Goldston, the Senate adjourns at 
4:30 P.M. to meet Monday, April 22, at 8:00 P.M. 



FORTY-SEVENTH DAY 

Senate Chamber, 
Monday, April 22, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Lord and Our Father, there comes a time for each of us when life takes a turn, 
and immediately we are left with an awareness of how temporary and fragile life can be. 
It is in those moments that we become very clear on what really matters. 

"It is no mistake that these experiences are called turning points. Crisis has a way of 
altering our life's direction in a positive and far-reaching way. 

"Father, as this Senate continues to grapple with the difficulties before them, help 
them to know that You are with them at every step of the journey, and especially at those 
places in the road where trouble dictates a new direction, a new course. Thank You that 
You are not a God who simply sees us off in the morning and welcomes us home again at 
night. Thank You that You are a pilgrim God, one that travels with us every step of the 
way, even when the way is uncertain. 

" For Your leadership and Your companionship in our lives we are , I am , truly grateful . 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, April 
18, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for tonight to Senator Raynor; Senator 
Winner; Senator Staton, who is attending a board meeting of the Golden Corral Corpo- 
ration in Houston, Texas; and Senator Pollard, who is on a North Carolina National 
Guard Civic Leadership visit to Panama. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 102, an act to require that the Department of Human Resources report changes 
in domiciliary home regulating, licensing, and monitoring to the North Carolina Study 
Committee on Aging. (Ch. 41) 

S.B. 110, an act to improve the administration of the taxes on motor fuels, special 
fuel, and motor carriers, and to temporarily restore the $40,000 cap on bonds that may 
be required of fuel distributors and suppliers. (Ch. 42) 



April 22, 1991 



262 SENATE JOURNAL [Session 

S.B. 243, an act to make appointments to public office upon the recommendation of 
the President Pro Tempore of the Senate. (Ch. 43) 

H.B. 48 (Committee Substitute), an act to permit certain Radio Emergency Asso- 
ciated Citizens Teams (REACT) vehicles to activate amber lights while operating on the 
highways. (Ch. 44) 

H.B. 61, an act to make technical changes to the revenue laws and related statutes. 
(Ch. 45) 

S. J.R. 646, a joint resolution honoring Duke University on winning the NCAA Divi- 
sion I Men's Basketball Championship. (Res. 10) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Seymour for the Public Utilities Committee: 

S.B. 417, a bill to provide a uniform procedure for the siting of electric transmission 
lines as recommended by the Utilities Commission, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Seymour, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration, and on her further 
motion, the Committee Substitute bill is adopted. 

On motion of Senator Seymour, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, April 23, for further consideration. 

By Senator Parnell for the Manufacturing and Labor Committee: 

S.B. 429, a bill to amend the unemployment insurance law pertaining to hearings, 
with a favorable report, as amended. 

S.B. 401, a bill to allow the Employment Security Commission to share certain infor- 
mation with the State Controller, with a favorable report, as amended. 



INTRODUCTION OF BILL 

Senator Plyler offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote. 

By Senators Basnight and Plyler: 

S.B. 753, a bill to make base budget appropriations for current operations of State 
departments, institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 



RECONSIDERATION 

S.B. 612, a bill to provide for the merger and consolidation of the school administra- 
tive units in Nash County and the City of Rocky Mount. 

Senator Martin of Pitt, seconded by Senator Basnight, offers a motion that the vote by 
which the motion to order the bill held as filed in the Office of the Principal Clerk on April 
15 prevailed, be reconsidered, which motion prevails. 



April 22, 1991 



1991] SENATE JOURNAL 263 

The bill, having been filed for introduction on April 1 1 , is presented to the Senate and 
read the first time. 

Senator Martin of Pitt offers a motion that the bill do lie upon the table, seconded by 
Senator Basnight, which motion prevails (41-1). The bill lies upon the table. 

Senator Martin of Pitt offers a motion that the vote by which the motion to lay the bill 
upon the table prevailed be reconsidered and that that motion do lie upon the table, sec- 
onded by Senator Basnight, which motion prevails (38-4). The motion to reconsider 
lies upon the table. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Lee and Hunt: 

S.B. 715, a bill to modify the law relating to the issuance of ABC permits to sports 
clubs. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Daniel, Hunt, Martin of Pitt, Parnell, Sands, and Walker: 
S.B. 716, a bill to make various changes to laws permitting grand juries to investigate 
drug-trafficking charges. 

Referred to Judiciary II Committee. 

By Senators Daniel, Conder, Hunt, Martin of Pitt, Parnell, Sands, and Walker: 
S.B. 717, a bill to support the Essential Access Community Hospital (EACH) 
Program. 

Referred to Human Resources Committee. 

By Senators Daniel, Carpenter, Carter, Conder, Daughtry, Forrester, Hartsell, Hunt, 
Johnson, Kincaid, Lee, Martin of Pitt, Parnell, Perdue, Plexico, Seymour, Smith, 
Walker, and Ward: 

S.B. 718, a bill to establish the North Carolina Birth-Related Neurological Impair- 
ment Program and the North Carolina Birth-Related Neurological Impairment Trust 
Fund. 

Referred to Human Resources Committee and, upon a favorable report, 
re-referred to the Finance Committee and, upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Sherron: 

S.B. 719, a bill to decrease the project cost minimum for applicability of contractors 
licensure requirements, to clarify exemption provisions, and to require evidence of insur- 
ance coverage to be demonstrated. 

Referred to Insurance Committee. 

By Senators Warren, Ballance, Carpenter, Cooper, Daniel, Daughtry, Hyde, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Perdue, Plyler, Raynor, 
Speed, Staton, Tally, Walker, and Winner: 

S.B. 720, a bill to provide equalization funds for the public schools. 

Referred to Education Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Sands: 

S.B. 721, a bill to enact the Motor Vehicle Service Agreements Regulation Act. 
Referred to Insurance Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Winner: 

S.B. 722, a bill to expand the jurisdiction of the Legislative Ethics Committee. 

Referred to Rules and Operation of the Senate Committee. 



April 22, 1991 



264 SENATE JOURNAL [Session 

By Senator Block: 

S.B. 723, a bill to establish safeguards for controlled substance examinations. 

Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 724, a bill amending the unemployment insurance law to add the definition of 
"extended base period." 

Referred to Manufacturing and Labor Committee. 

By Senator Sands: 

S.B. 725, a bill to establish the Private Protection Services Act of 1991. 

Referred to State Personnel and State Government Committee. 

By Senator Sands: 

S.B. 726, a bill concerning the Workers' Compensation Security Fund. 
Referred to Manufacturing and Labor Committee and, upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Perdue and Carpenter: 

S.B. 727, a bill to provide for the regulation of bed and breakfast inns. 

Referred to Human Resources Committee. 

By Senators Plexico, Basnight, Daniel, Lee, Martin of Pitt, Perdue, Seymour, Tally, 
and Walker: 

S.B. 728 , a bill to require that lighting in new and existing State construction be energy 
efficient and cost effective. 

Referred to Environment and Natural Resources Committee. 

By Senator Daniel: 

S.B. 729, a bill to prevent unfair competition by electric power suppliers. 

Referred to Public Utilities Committee. 

By Senators Barnes and Daughtry: 

S.B. 730, a bill to provide bonds for financing an air cargo facility. 

Referred to Finance Committee. 

By Senators Walker, Daniel, Hunt, Martin of Guilford, Marvin, Perdue, Richardson, 
Speed, Tally, and Ward: 

S.B. 731 , a bill for the appointment of temporary managers for long term care facili- 
ties. 

Referred to Human Resources Committee. 

By Senators Marvin, Carter, Daughtry, Forrester, Johnson, Raynor, Sherron, Soles, 
Speed, Staton, and Tally: 

S.B. 732, a bill to establish the Project Genesis Program, an experiment with a re- 
structured school approach for the public schools. 

Referred to Education Committee. 

By Senator Odom: 

S.B. 733, a bill to qualify the State for funding under the Federal Farms for the Future 
Act. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and, 
upon a favorable report, re-referred to the Finance Committee. 

By Senators Murphy, Ballance, Martin of Pitt, Parnell, Richardson, Shaw, Simpson, 
and Smith: 

S.B. 734, a bill to extend the exemption of restaurants from HIV employment dis- 
crimination prohibition. 

Referred to Human Resources Committee. 



April 22, 1991 



1991] SENATE JOURNAL 265 

By Senators Murphy, Allran, Ballance, Blackmon, Bryan, Cochrane, Conder, 
Daniel, Daughtry, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Perdue, Plexico, Sands, Sherron, Simpson, Smith, Speed, Walker, Ward, and Warren: 

S.B. 735, a bill to require that the Social Services Commission adopt rules setting 
State/county special assistance eligibility for domiciliary care to correspond with the 
rules determining federal medicaid eligibility. 

Referred to Human Resources Committee. 

By Senator Sands: 

S.J.R. 736, a joint resolution authorizing the Legislative Research Commission to 
study a revision of the arson statutes. 

Referred to Appropriations Committee. 

By Senator Richardson: 

S.B. 737, a bill to coordinate the effective date of changed State medicaid reimburse- 
ment amounts with the date for which the change is approved by federal administration. 

Referred to Human Resources Committee and, upon a favorable report, re- 
referred to the Appropriations Committee. 

By Senator Richardson: 

S.B. 738, a bill to establish the Radiation Technology Practice Act. 

Referred to Human Resources Committee and, upon a favorable report, re- 
referred to the Finance Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Tally, Raynor, and Soles: 

S.J.R. 739, a joint resolution honoring the life and memory of Wilson Franklin Yar- 
borough, Sr., former Member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Soles: 

S.B. 740 , a bill to grant qualified immunity to the Utilization Review Committee of the 
North Carolina Chiropractic Association. 
Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 741, a bill to provide for the revocation of unrecorded durable powers of attorney 
and to provide for proof of effectiveness of a durable power of attorney by affidavit of 
attorney-in-fact. 

Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 742, a bill to amend the regulation of medical devices by the State Board of 
Pharmacy. 

Referred to Human Resources Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 52, a bill to regulate foreign credit unions. 

Referred to Banks and Thrift Institutions Committee. 

H.B. 58, a bill to designate December seventh as Pearl Harbor Remembrance Day. 
Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 



April 22, 1991 



266 SENATE JOURNAL [Session 

H. B. 182, a bill to require the North Carolina Housing Finance Agency to expand its 
use of the Multifamily Rental Assistance Fund to aid in the prevention of homelessness. 
Referred to State Personnel and State Government Committee. 

H. B. 277, a bill to clarify the authority of the Commissioner of Banks under the Con- 
sumer Finance Act. 

Referred to Banks and Thrift Institutions Committee. 

H.B. 289, a bill to validate certain conveyances where seals were omitted or notary 
was not qualified, certain notices to creditors of decedents where the deadline for submit- 
ting claims was omitted, and certain foreclosure sales. 

Referred to Judiciary I Committee. 

H.B. 303, a bill to allow more than one postponement of foreclosure sales within the 
ninety-day postponement period. 

Referred to Judiciary I Committee. 

H.B. 306 (Committee Substitute), a bill to allow an additional 180-day period for 
deployed armed forces personnel and support personnel to file State tax returns and to 
conform the State income tax abatement provisions concerning military personnel to fed- 
eral law. 

Referred to Finance Committee. 

H.B. 330 (Committee Substitute), a bill to amend the definition of motor vehicle 
dealer. 

Referred to Transportation Committee. 

H.B. 371 (Committee Substitute), a bill to increase the fee charged by the Secretary 
of State to certify a document on file in that office. 
Referred to Finance Committee. 

H.B. 427, a bill to clarify the role of the Attorney General's Office in commitment 
hearings. 

Referred to Human Resources Committee. 

H.B. 453, a bill to make clarifying changes to the Wage and Hour Act. 
Referred to Manufacturing and Labor Committee. 

H.B. 456, a bill to amend the Wage and Hour Act to provide for attorneys' fees and 
liquidated damages under certain circumstances. 
Referred to Judiciary I Committee. 

H.B. 462, a bill to authorize Department of Revenue employees to serve civil sum- 
monses and other civil papers. 

Referred to Judiciary I Committee. 

H.B. 547, a bill to provide for payment of excess damages against a State employee 
for collecting or administering an unconstitutional tax. 

Referred to Constitution Committee and, upon a favorable report, re-referred to 
the Appropriations Committee. 

H.B. 577 (Committee Substitute) , a bill to extend the corporate limits of the Village 
of Pinehurst. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 610 (Committee Substitute), a bill to provide residency districts for election of 
the Martin County Board of Commissioners, to implement a consent order in the case of 
Daniels v. Board of Commissioners of Martin County. 

Referred to Election Laws Committee. 



April 22, 1991 



1991] SENATE JOURNAL 267 

H. B. 617 (Committee Substitute) , a bill to change the pay date for employees of the 
Cleveland County Schools. 

Referred to Education Committee. 

H.B. 623, a bill to allow Columbus County and Brunswick County to enter into long- 
term solid waste disposal contracts and franchise agreements. 

Referred to Local Government and Regional Affairs Committee. 

S.B. 209 (House Committee Substitute), a bill to clarify the issuance of fictitious 
drivers licenses and registration plates and to create a confidential registration file, for 
concurrence in the House Committee Substitute bill. 

Recommitted to Transportation Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

SPECIAL ORDER NO. 1 

The hour having arrived for the consideration of Special Order No. 1 , the President of 
the Senate lays before the Senate Special Order No. 1, it being S.J.R. 572, a joint 
resolution to honor the life and memory of Ralph Henderson Scott, former member of the 
General Assembly. 

Senator Daniel offers Amendment No. 1, which is adopted (42-0). 

With unanimous consent, on motion of Senator Daniel, the joint resolution is read in 
its entirety, and on his further motion, remarks of the Senators are spread upon the Jour- 
nal, as follows: 

Senator Daniel: 

"Mr. President, members of the Senate, in rising to pay tribute to this great North 
Carolinian I could say Esse Quam Videri and take my seat. Esse Quam Videri, 'To be 
rather than to seem. ' Ralph Henderson Scott's life exemplifies our State motto. To- 
night, we take time to reflect on a man who has literally lifted a phrase from the pages of 
our history to give it life and breath. This man, Ralph Scott, was truly a champion of the 
little people of North Carolina. He remembered the others that had been forgotten. I 
know you are familiar with our State Toast, it opens with the words 'Here's to the land of 
the long leaf pine; the summer land where the sun doth shine; Where the weak grow 
strong and the strong grow great. . . ' ' . . .Where the weak grow strong. . . ' What a won- 
derful promise of hope. But how can they grow strong if their plight is not recognized; if 
they do not have someone that is working for them. 

"Ralph Scott was aware, he was keenly aware. He was genuinely concerned about the 
conditions of the handicapped, the elderly, the poor, and the children. The ones that are 
most times considered to wield less political influence by the fact of their position. Ralph 
Scott knew what they had to offer and that was potential. And that they deserved the 
same opportunity to exercise their potential as we do. And Ralph Scott did his part to 
help the weak grow strong. He made this promise a reality. Even though he walked these 
hallowed halls long before I ever laid eyes on them, I am proud to have this opportunity to 
make a toast to my friend, the gentleman from Haw River. 

"Twenty years ago as a sophomore at NC State University, I had the opportunity — 
blessed with the opportunity — to be able to come into this General Assembly and watch 
Senator Ralph Scott, affectionately known as 'Uncle Ralph,' do what he did best and 
that was orchestrate legislation through this Body, the Senate. I also had the opportunity 
to watch him side-by-side with another individual who is very near and dear to me, who 
came from up in the same neck of the woods, a gentleman by the name of W. C. Taylor, 
my grandfather. Many a Monday night as a college sophomore, I enjoyed the company 



April 22, 1991 



268 SENATE JOURNAL [Session 

of Senator Ralph Scott and my grandfather down at the Sir Walter Raleigh Hotel and both 
were men that did a whole lot more eating than they did talking. Later I had an opportu- 
nity to serve with him in 1973, not as a legislator but as a legislative intern, when I served 
as an intern for Senator Julian R. Allsbrook. Even though most of us have not served 
with him in this great Assembly as we are seated here tonight, he has touched our lives 
and influenced us much today. He has played a major role in the development in our 
fiscal policy. To this day he is considered one of the most effective members the North 
Carolina Senate has ever known. 

"His hard work and dedication has set a standard that we still, today, measure public 
service by. All who knew him appreciated his bluntness and his unique way with words. 
Then, as now, there were those who were fluent speakers on the floor of the Senate and 
those who, like myself, used to use plain words. Sometimes after listening to members 
like the late Tom White, who we have already honored, Senator Scott would say, 'Now 
that we have heard from the intelligencia, I want to speak for the rougher element of this 
crowd. ' I guess you could tell we both come from the same neck of the woods. While his 
record of achievement is well known and much of it is before you on your desk in the 
program from this morning's Agricultural Hall of Fame Enshrinement Ceremonies, I 
will take a moment just to mention a few of these. 

"Ralph Scott was an environmentalist long before it was popular to be so. One of the 
first bills that he introduced was a local bill to clean up the Haw River. He considered 
this one of the most important bills he ever introduced and indeed it was; because it was 
it was the forerunner of the State Clean Air and Water legislation. As Chairman of the 
Senate Finance Committee, he was true to his Scotch heritage in guarding every cent of 
the taxpayer's money. His skill as a mediator was the key that unlocked the door to the 
initial funding of the Medical School at the East Carolina University. He was instrumen- 
tal in the passage of the bill that established the North Carolina Center for Public Televi- 
sion. And, Senator Marvin, he supported the passage of the Equal Rights Amendment 
every time that it came into the North Carolina General Assembly. He was responsible 
for the practice of bringing Pages from all of the one hundred counties across North 
Carolina — and not just from Wake County — in order to involve young people in the 
legislative process. 

"He was known for many things but above all he was known for his unswerving loyalty. 
When he took a stand he stood as strong as an oak, even in the face of tough opposition. 
I'm sure many of you remember the speaker ban law in 1963 which banned communists 
from speaking on State-supported schools — Ralph Scott was one of the bills most vocal 
opponents. He took every occasion to let his feelings be known. In his plain spoken yet 
forceful way, his advice to students and colleagues was, when faced with opposition, and 
I quote, 'It will not be easy, but if you stick to your guns, always reasoning instead of 
shouting, firming your arguments and in quiet still voice, I believe that freedom which 
has made us strong today can be restored to our college campuses to make your genera- 
tion and succeeding generations even stronger. ' He believed that reasoning with people 
was far better than appealing to blind emotion. In 1974 he was considered the single 
most influential State government official — beyond the governor himself. But he never 
used this influence for personal gain. Quite to the contrary his desire was to leave the 
wood pile a little bit higher than he found it. 

"He was really a generous fellow who put other peoples concern ahead of his own. 
Ralph Scott was President Pro Tempore of the General Assembly when it moved from the 
old Capitol into this Building in 1963. Of course, he was given one of the larger rooms 
with a window and view of the beautiful grounds that we have out here, and Henson, I 
thought it was very interesting that when it came to him that one of his colleagues was 
unhappy in being given an inside room without a window, much smaller, and so Senator 
Scott traded places with him. Of course, I'm not complaining, I just think that's a very 
interesting story. 

"Ralph Scott was a deeply religious man, he and his wife, Hazelene, practiced what 
they preached. They just didn't talk that talk — they walked that walk. They proved this 



April 22, 1991 



1991] SENATE JOURNAL 269 

when they reached out to a family from Latvia in 1 940 ' s ; Rudolph and Katrina Kronberg 
were fleeing from a communist takeover of their country and could only enter the United 
States if they had someone to sponsor them, and to sponsor and to guarantee that they 
would have employment once they got here. Well, Ralph and Hazelene reached out, 
provided a home , provided a job , and as you would figure , the Kronbergs quickly became 
part of the Scott family. 

"For these reasons and for many more too numerous to mention we take time to re- 
member Ralph Henderson Scott, one who walked the road before us, blazing the trail so 
that our way might be a little easier. One of his favorite poems was 'The Bridge Builder' 
and I can see why he liked it, as a man who liked to remember the past, keep in touch 
with the present, and provide for the future; it could have well been written about him. It 
goes like this: 

"'An old man, going on a lone highway, 

Came at the evening, cold and gray, 

To a chasm, vast and deep and wide, 

Through which was flowing a sullen tide. 

The old man crossed in the twilight dim — 

That sullen stream had no fears for him; 

But he turned, when he reached the other side, 

And built a bridge to span the tide. 

'Old man,' said a fellow pilgrim near, 
'You are wasting strength in building here. 
Your journey will end with the ending day; 
You never again must pass this way. 
You have crossed that chasm, deep and wide, 
Why build you the bridge at the eventide?' 

The builder lifted his old gray head. 

'Good friend, in the path I have come,' he said, 

'There followeth after me today 

A youth whose feet must pass this way. 

This chasm that has been naught to me 

To that fair-haired youth may a pitfall be. 

He, too, must cross in the twilight dim; 

Good friend, I am building the bridge for him.'" 

"Ralph Henderson Scott was a bridge builder in his own right. His achievements span 
the shores of time. As we extend our sympathy to the family tonight and salute his 
memory and his achievements, Mr. President, I would like to ask at the appropriate time 
that we have his family recognized that are seated here in the Gallery. I know that there 
will be others that will want to speak, but we have his two sons, Ralph Henderson Scott, 
William 'Bill' C. Scott; his daughter, Miriam Scott Mayo, and her husband, Lum 
Mayo; as well as a grandson, Ralph Scott III; a granddaughter, Carolyn Scott and her 
husband, Mike; and also a grandson, William Scott, Jr. ; we have his sister, Ms. Agnes 
Scott Hessler; as well as four nephews, P. W. Scott, Ed Smith, Francis Griffin, Bobby 
Hudson; and if you'll look, pretty much most of the Hawfields community " 

Senator Royall: 

"Mr. President, Ladies and Gentlemen of the Senate, if I had to name the person who 
most influenced my legislative career, I believe I'd have to name Ralph Scott. I got to 
know Mr. Scott back in the forties when I lived in Mebane for a short time. And when I 
really got to know him was when President Harry Truman came down to North Carolina; 
my father brought him down to the Scott Farm to make a political speech. From that 
time on, Senator Scott and I became close friends. He was both my friend and mentor 
and taught me many things that have stood me in good stead over the years. 'In this 
business, ' he said, 'you have to be practical and have common sense. Don't insult an 



April 22, 1991 



270 SENATE JOURNAL [Session 

alligator until you've crossed the stream. ' He also told me, he said, 'Kenneth, the long- 
er you talk, the less attention you will receive.' 

"Ralph Scott worked without fanfare. If he were here this evening along about now he 
would start wishing that I ' d make short work of this speech and sit down . He had a crusty 
exterior but inside of him beat a heart deeply concerned to improving human conditions. 
I know of no citizen of this State, past or present, who was a greater advocate of the 
mentally afflicted and the physically disabled. He devoted a lifetime of leadership and 
service to their cause. With him there were no unimportant people. Ralph Scott was a 
man of reasonable judgement, fearless action, and unlaboring devotion to the cause of 
his State. His long service as a member and Chairman of the Appropriations Committee 
and Advisory Budget Commission impacted on every major initiative North Carolina has 
taken in the last quarter of a century. 

"I have known great men who are not good and I have known good men who are not 
great — Senator Scott was both good and great. My sincere condolences to his family and 
my appreciation for the opportunity to add these words of tribute to a great North 
Carolinian." 

Senator Walker: 

"Mr. President, Members of the Senate, I was one of those who was privileged to have 
the opportunity to serve with Senator Scott, as I will always call him. I had the opportu- 
nity on my freshmen year to be here with some different causes — one of them being the 
North Carolina Zoo. And having the opportunities, the little restaurant over here by the 
motel on several occasions after the Session was over to sit down and have a meal and 
talk about that, Senator Scott gave me some advice. He said, 'Now if you want to get 
some money for that zoo, you get a bill drafted that will take some money out of the 
Escheats Funds. ' And of course I was a freshmen and I didn't realize that that had been 
a hassle over the years and that the money was going to the University of North Carolina 
— didn't know that much about what was going on. Well, I got it and I went around this 
General Assembly — this Senate, and I just got signature after signature, and I guess they 
all felt sorry for me in the sense of why they were signing that. Well, what happened in 
that story was that as we came down to budget time, and he was the Chairman of the 
Appropriations Committee, he said, 'Well I think you've done a pretty good job on this 
and we can't get it that way but I'm going to get a million dollars in that, the first capital 
appropriations for the North Carolina Zoo. ' At that time we had fourteen hundred acres 
of park land down there, I think, with a tortoise and maybe one or two other things that 
people could go see — and that was the very beginning of the appropriations for the Zoo; 
something I think North Carolina stands proud of. 

"We all know the things that he did in the way of human service, in education, and 
agriculture. But I'll always remember this part of what he did to get something started 
that I think has given us a world-class zoo and will of course be even greater as we move 
along in this. 

"I was at the funeral of Senator Scott at Hawfields and when you are there as I was and 
you could see the people who turned out, the people who, the dignitaries of this State, I 
think we all know that he was a tremendous Senator and statesman and gave much to this 
State. I appreciate being able to stand and speak because he certainly was a great influ- 
ence on my interests in the human service area as I serve in this North Carolina Senate. 
Thank you." 

Senator Marvin: 

"Thank you Mr. President, Ladies and Gentlemen of the Senate. Long before I came 
to the Senate in 1977, Senator Scott was an institution in North Carolina. He was re- 
nowned throughout this State for all the things that Senator Daniel, Senator Walker, and 
Senator Royall have already told you about. He was known for his political sagacity; he 
was known for his dry wit; but particularly for his down-to-earth philosophy and his 
deep compassion for the weak and the oppressed, the people whom he felt didn't really 
have any political clout. Back in those days women didn't have any political clout either 



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1991] SENATE JOURNAL 271 

so he was a great champion — thank you for bringing that out Senator Daniel — of 
women giving them opportunity and equal rights. And we will always appreciate his 
willingness to take the stand for women back there when it was not nearly as popular as it 
has become in more recent years. 

"I was first privileged to meet Senator Scott when I was serving as the State President of 
the Division of Community Colleges of NCAE and the president of my college, my com- 
munity college, brought me down here to do some lobbying for community colleges, 
which weren ' t getting a whole lot of money in those days . And I was really awed when he 
told me when he told me that I had to go talk to Senator Scott. But my fear and trembling 
vanished very quickly in the presence of that great person. To me he was really the 
personification of the ideal statesman. He greeted with much graciousness and a lot of 
humor, put me at ease, listened to me, promised to try to do what he could to help the 
causes that I supported. And then I was fortunate enough when I came here the last — 
my first two terms were his two last terms — and the last term that Senator Scott served in 
the General Assembly he sat right over here and I was privileged to sit beside him. It was 
just really an education for the entire Session; such a joy and privilege to be sitting beside 
him and hear his little dry, humorous remarks about what was going on, and sort of sit at 
his feet and soak up some of his political wisdom and enjoy what he had to say. 

"I never shall forget one day the lawyers had just been debating avidly for about forty- 
five minutes on a bill that I didn't know a whole lot about and near the end of the debate I 
turned to Ralph and I said, 'Ralph, I don't know what to do about this bill. How are you 
going to vote on it? I don't know which way to go.' He looked at me and his eyes 
twinkled and he says, 'Well, I tell you Helen, I'm in pretty much of a quandary, too. ' 
Said, 'You know ever since I've been up here I've made it a practice to vote against what 
two of those attorneys in here, ' and he named their names, 'stood for, or if they voted 
against something than I voted for it. But dad-gum this time they're on opposite sides 
and I just don't know what to do. ' I really appreciate the opportunity to say these words 
in honor of Senator Scott, who was a great friend, a great political institution, and we 
miss him very much. Thank you." 

Senator Lee: 

"Mr. President and Members of the Senate, I'm proud to rise to claim Senator Ralph 
Scott among those whom I call friend. I met Senator Scott shortly after being elected 
Mayor of Chapel Hill when I'd gotten into a little bit of trouble with the then-Governor, 
Robert Scott. Didn't know how I was going to repair that problem. Senator Scott had 
come to Chapel Hill to give a speech and I was told that I should go visit with him. The 
thought of being in the presence of the giant politician gave me shudders; but I visited 
and found that he was a very warm man and I remember as I approached him I said, 
'Senator Scott, I got a little problem. ' He said, 'I know about your problem. ' And like 
he indicated to Senator Royall, he said, 'You have insulted the alligator and you ain't 
even got in the water yet. ' But he said, 'I think we can work it out. ' And we did work it 
out. Senator Scott, as Senator Daniel has indicated, helped me re-establish a very posi- 
tive relationship with the Governor which has lasted 'til this day. 

"In 1976, Senator Scott asked me to come visit with him; it was following the primary 
for Lieutenant Governor, and we were in a run-off and he said, 'I'm going to endorse 
you for Lieutenant Governor. ' And I said, 'Senator Scott, I'm not sure I can win this 
campaign and if you endorse me as Lieutenant Governor and I lose, you will have a 
problem in the Senate. ' And he said, 'You just take the endorsement and let me worry 
about the Senate.' He said, 'If I want to do something, and if any man wants to do 
anything, he ought to stand for something and this is something I want to do. ' I can't tell 
you what that meant to me and I can't tell you what my relationship with Senator Scott 
has truly meant to me from the first day I met him — because that first night he gave me 
one of his political lectures on how to be a good and effective politician. I don't think 
I've lived up to that lecture but I certainly think I learned a lot from it, and as a result, 
have not made many mistakes. This man cared about people. He stood for something. 
He was courageous— and if it was right, there was no question that he would do it, 



April 22, 1991 



272 SENATE JOURNAL [Session 

because he felt whatever price had to be paid was worth it for the return on that invest- 
ment. Those of you who have heard me speak in the Chambers before have heard me use 
this phrase but I think, tonight probably, it is more appropriate for Senator Scott than any 
other time I can think because he truly did 'still the hungry infant's cry and with kind- 
ness, filled the stranger's cup.' And as he lifted all these others, found, he, too, was 
lifted up. I consider him a great North Carolinian; an outstanding man; I feel fortunate 
to have gotten to know him, and I'm grateful that I can call him friend." 

Senator Hyde: 

"Mr. President, it is with mixed emotions that I stand. It is with sadness to think of my 
friend, Ralph Scott; and yet it is with pride that I held in him, and hold in his memory. It 
is the lot of those of us who live out most of our alotted time and to serve in this Body or 
another with such people as I'm finding more and more to stand and speak in sadness 
and in pride. I served here with Senator Scott a long time ago: that year when East 
Carolina Medical School question came up; that year when the Speaker Ban Law came 
up, and he and I and Lindsey Warren got twenty-four signatures on a bill to repeal it. 
After that, I served as the Chairman of a Task Force that recommended that we set up 
the Agency for Public Television, and he caused that to come about. And then I served 
in the House and offered the Equal Rights Amendment and he was my comrade there. 
And so down through the years we worked together. 

"I understood him — anybody that knew him understood him — you could not, very 
well, misunderstand Ralph Scott. He knew what plain talking was — and it served a good 
purpose. He was born the same year my father was; and I know of no person on earth I 
honored more while he was living, or honored more after his death, than I did my father. 
They were much alike. My father once told me in rather rough, mountain language, 
'Tell the truth, son. Tell the truth if it hurts. And when you speak, speak with a bark on 
it. ' I learned that from my dad. Now it's a mountain term but it means what it says. 
Ralph Scott did it the same way — he spoke out. But there's one quality about him 
probably above all else, I think I honor in every one, more than anything else, loyalty; to 
whatever it is that they're pledged to. To their family, to their church, to their school, to 
their political party, to their government, whatever it is — you stand with your friends. 
Ralph Scott did. 

"I've stood sometimes in this Body and tried to quote things and missed a word or two, 
so I brought a book tonight, Southern Highlanders, by Horace Kephart. And he wrote 
about Highlanders. Ralph Scott wasn't born in the mountains but he was truly a moun- 
tain man, the Scotch ancestors, the Scotch Highlanders, the same Scotch Highlanders 
that were my f orbearers . And in this book Horace Kephart says , ' We see hear a survival , 
very real and widespread — a condition that was general throughout the Scotch High- 
lands in the far past. "The great virtue of the Highlander," says Leckey, "was his fidelity 
to his chief and to his clan" — the same chivalrous, self-sacrificing fidelity, to family 
and to clan leader is still shown by our own Highlanders. ' Ralph Scott showed that. He 
was a man unto himself and unto the world, and he was true unto himself. I served in the 
military service and I guess there you learn more than anywhere else, particularly in 
combat, that if you're to get along, you must have loyalty. Ralph Scott is second only to 
my father, in my memory, as an honorable, loyal man. I regret his passing, but I take 
such great pride in the fact that I knew him." 

Senator Speed: 

"Members of the Senate, members of the family, and friends, I have many fond me- 
mories of Ralph Scott. But several things stand out and I shall just mention a few. I knew 
him best by his dry wit , and this was great , he always had something comical , at all times 
to make us laugh and times as such we needed a little laughter. But I guess I knew him 
best as a supporter, a real staunch supporter, of agriculture and agribusiness. I chaired 
the Committee on Agriculture in the House three terms, during the time that he was in the 
Senate. Then I came on and served two terms in the Senate, with Senator Scott. He was 
always a champion for agriculture and agribusiness; he supported the programs of NC 



April 22, 1991 



1991] SENATE JOURNAL 273 

State University School of Agriculture, and A & T University, and he promoted the, 
well, he was known as the 'Father of the Milk Commission' that stabilized the price of 
milk in the this State for some forty years . And he just did many good things . I also knew 
him as a very compassionate man. He was a real champion of the poor, the underprivi- 
leged, the mentally ill, the crippled, blind, and deaf, and so forth. He was always in 
support of the programs and legislation that gave some relief to those people. He was 
also a real, true gentleman. The title 'A Gentleman from Haw River,' is well-said. 
Ralph was a gentleman on all occasions. It was a real pleasure for me to have known him 
and to have worked with him, and I am pleased to have a part in supporting this 
Resolution." 

Senator Barnes: 

"Thank you, Mr. President. I came here as a freshman in 1977 and served with Ralph 
Scott. And at that time, Senator Daniel, I had one of those offices without a window in 
it. I didn't know I had an opportunity to move up. If word had come to me sooner I may 
have moved to another office. I was greatly impressed with his work on the floor, as been 
said to you by several Members here. He was quite direct and, Senator Hyde, as you tell 
stories on the floor, he made his points quite often by telling a story. I especially remem- 
ber when we had a long debate and the question came up of whether to return the bill to 
the committee, he got up and, Russell, and said — got up, and asked for the floor, and he 
said, 'Some years ago I was considering running for the Senate. So I said to my wife, I 
said, "I believe I'm going to float one of those trial balloons to see how many people will 
invite me to run."' And he said, 'I did.' And he said, 'Two weeks or so later, I was 
having breakfast with my wife one time, and she said, "How many people have asked 
you to run for the Senate?" I said, "Well none at this point in time.'" And he said, 'I'm 
going to go down to talk to the paper about it and let them float my trial balloon. ' Then 
he said, 'About two or three weeks later, she asked me one time, she said, "How many 
people have asked you to run for the Senate?'" And he said, 'Well none have asked me 
at this time.' And she says, 'Well, Ralph, if it's something needs to be done, you should 
go on and doit. ' And he said, 'I went on and filed and I won. ' And he said, 'We're now 
debating on whether to send this bill back to a committee, and if that's something needs 
to be done in regard to voting on it, we should vote on it today. ' And we did. He made 
his points well. 

"He impressed those of us who were freshmen as to the Tightness of his cause and as to 
trying to communicate what we believed when we stood on this floor. He brought honor 
to the State of North Carolina by having served here — he brought honor to this Senate 
for having been a part of it. And I am happy to be able to support this Resolution, Mr. 
President." 

The joint resolution, as amended, passes its second (43-0) and third readings, with 
members standing, and is ordered engrossed and sent to the House of Representatives. 

The President extends courtesies of the gallery to the family and friends of Ralph 
Henderson Scott, the late Senator from Alamance County, and acknowledges his sons, 
R. Henderson Scott, Jr., and William C. Scott; his daughter and son-in-law, Miriam 
Scott Mayo and Columbus Mayo; his grandsons, Ralph H. Scott, III and William C. 
Scott, Jr.; his sister, Agnes Scott Hesler; and his nephews, P.W. Scott, Ed Smith, 
Francis Griffin, and Bobby Hudson. 

S.B. 260, a bill to incorporate the Village of Tobaccoville, subject to a referendum, to 
amend the Charter of the City of King, and to authorize entry into and recordation of an 
agreement, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Royall, Sands, 



April 22, 1991 



274 SENATE JOURNAL [Session 

Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 299, a bill to incorporate the Town of Lewisville in Forsyth County, as amended, 
upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 469, a bill to authorize Rockingham County to levy a room occupancy and tour- 
ism development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H. B. 84, a bill to repeal the sunset on legislation authorizing Currituck County to levy 
an excise tax on instruments conveying real property, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative : Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 119, a bill to extend the corporate limits of the Town of Pineville, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 185, a bill to modify the scope of the Gaston County occupancy tax, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 



April 22, 1991 



1991] SENATE JOURNAL 275 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 479 (Committee Substitute), a bill to extend the corporate limits of the Town of 
Smithfield to include the Johnston County Country Club, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 42, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, April 
23, for further consideration, upon third reading. 

H.B. 291, a bill to authorize the City of Charlotte to levy a motor vehicle tax not to 
exceed twenty-five dollars, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 39, noes 1 , as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Perdue, Plexico, Plyler, Royall, Sands, Seymour, Shaw, 
Sherron, Smith, Speed, Tally, Walker, Ward, and Warren— 39. 

Voting in the negative: Senator Blackmon — 1. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, April 23, for 
further consideration, upon third reading. 

H.B. 95 (Senate Committee Substitute), a bill to amend Chapter 1079 of the 1984 
Session Laws to authorize Cumberland County to sell industrial sites in its industrial 
park. 

The Senate Committee Substitute bill passes its second (42-1) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

H.B. 10 (Committee Substitute) , a bill to allow lessors and renters of motor vehicles 
to elect to pay highway use tax on motor vehicles owned on October 1, 1989, and to 
clarify that these motor vehicles are otherwise subject to the gross receipts tax, upon third 
reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 42, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 



April 22, 1991 



276 SENATE JOURNAL [Session 

S.B. 291, a bill to authorize the use of electronic means for the docketing of civil 
judgments and the making of entries in judgment dockets and judgment and docket 
books. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 267, a bill to amend the definition of "business opportunity." 
The bill passes its second reading (42-0). 

Senator Odom objects to the third reading of the measure, which remains on the 
Calendar for tomorrow, April 23, for further consideration, upon third reading. 

H.B. 365, a bill to provide for payment of benefits under the Registers of Deeds' 
Supplemental Pension Fund on the same day as other retirement benefits are paid. 
The bill passes its second (42-0) and third readings and is ordered enrolled. 

H.B. 368, a bill to clarify the definition of "compensation" as used in the Local Gov- 
ernmental Employees' Retirement System and Teachers' and State Employees' Retire- 
ment System. 

The bill passes its second (42-0) and third readings and is ordered enrolled. 



REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the reports accompanying it, and takes its place on 
the Calendar, as follows: 

By Senator Murphy for the Human Resources Committee: 

S.B. 80, a bill to amend the Home Health Licensure Act, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Murphy, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 80 (Committee Substitute) , a bill to amend the 
Home Health Agency Licensure Act, is placed before the Senate for immediate consider- 
ation. 

On motion of Senator Murphy, the Committee Substitute bill is adopted and, on his 
further motion, is placed on the Calendar for tomorrow, April 23, for further consider- 
ation. 

S.B. 51, a bill to modify the Funeral and Burial Trust Fund Act, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Murphy, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Murphy, the Committee Substitute bill is re-referred to the 
Finance Committee. 



CALENDAR (Continued) 

S.B. 465, a bill to transfer the community penalties program from the Department of 
Crime Control and Public Safety to the Administrative Office of the Courts, as amended, 
upon third reading. 

Senator Marvin calls the previous question, seconded by Senator Ballance. The call is 
sustained (34-9). 

The bill, as amended, passes its third reading (32-11) and is ordered engrossed and 
sent to the House of Representatives. 



April 22, 1991 



1991] SENATE JOURNAL 277 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, read by its title, together with the reports accompanying it and takes its place on the 
Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

H.B. 8, a bill to improve the administration of the Highway Trust Fund and to make 
technical changes to the laws affected by the Highway Trust Fund, with a favorable re- 
port, as amended. 

S . B . Ill, a bill to lower the minimum highway use tax and to exempt certain transfers 
of vehicles from the tax, with an unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill , which changes the title to read S . B . Ill (Committee Substitute) , a bill to lower the 
minimum highway use tax, to exempt certain transfers of vehicles from the tax, and to 
raise various fees and taxes to offset the loss of revenue resulting from these changes, is 
placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted and, on his 
further motion, is placed on the Calendar for tomorrow, April 23, for further consider- 
ation. 

S. B. 218, a bill to increase the penalty for failing to apply for a motor vehicle title and 
to make technical changes to Article 3 of Chapter 20, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 218 (Committee Substitute), a bill authorizing 
the Division of Motor Vehicles to cancel the registration and title of certain vehicles and 
deleting an obsolete requirement concerning information given in an application for a 
certificate of title, is placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted and, on his 
further motion, is placed on the Calendar for tomorrow, April 23, for further consider- 
ation. 



WITHDRAWAL FROM CALENDAR 

H.B. 20 (Committee Substitute), a bill to provide for a more efficient and equitable 
procedure for assessing and collecting local ad valorem property taxes on certain motor 
vehicles. 

Senator Daniel offers a motion that the Committee Substitute bill be taken from the 
Calendar for tomorrow, April 23, and be recommitted to the Finance Committee, 
which motion prevails. 

The Committee Substitute bill is ordered recommitted to the Finance Committee. 

The President recognizes the following pages serving in the Senate this week: Susan C. 
Allen, Louisburg; Kristopher Bass, Fayetteville; Anthony Bonito, Raleigh; Sheri Lynn 
Brigman, Moncure; Shane Brumfield, Havelock; Eleanor Butz, Charlotte; Kyle M. 
Clayton, Fayetteville; Robyn Cone, Spring Hope; Ben Crook, Monroe; Jeremy D. 
Denning, Clinton; Larkeisha Chantell Freeman, Ahoskie; Alison Gurganus, Wendell; 
Alicia Jackson, Garner; David Royston Patterson, Statesville; Johnathan Perry, 
Raleigh; Matthew Roberson, Burlington; Lecil A. Shamel, Raleigh; David Springer, 
Jacksonville; Lindsey Page Vaughn, Laurinburg; Natalie Ward, Ahoskie; Courtney 
Marie Wilson, Oriental; Henry Herbert Witten, Havelock; Amber Rae Worley, Golds- 
boro; and Angela C. Worley, Goldsboro. 



April 22, 1991 



278 SENATE JOURNAL [Session 

On motion of Senator Barnes, seconded by Senator Walker, the Senate adjourns at 
9:56 P.M. to meet tomorrow, April 23, at 3:00 P.M. 



FORTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, April 23, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Robert Jack, Minister of Pleasant Hill Presbyterian 
Church, Charlotte, as follows: 

"Almighty God, Who can both give, grant, and take away power from Your servants; 
teach us a right, honest appraisal of our own power and authority, that we may use it well 
and justly. Forbid it, Lord, that we should abuse that which has been entrusted to us for 
service to the common good, and when we are tempted to supplant public work with 
intentions of private gain, remind us that You are a Just God, and Righteous Altogether, 
and that You require righteous living form Your servants in return. 

"We give You thanks, Dear God, for yet another day wherein we may serve You, and 
in our serving bring honor and glory to Your Name . Be with the government of this State , 
at all levels, and by extension the leaders of our nation and our world. Guide all our 
decisions, we pray, by Your Wonderous Spririt and remind us, lest we forget, that we are 
about greater things than our own petty scheming and designs. We are doing Your Work, 
here on Earth, and so it is in Your Strong Name that we pray. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 
22, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Staton and Senator 
Pollard. 

The President grants courtesies of the gallery to a delegation from Soviet Georgia, 
which gained its independence on April 9, 1991. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

H. B. 10 (Committee Substitute) , an act to allow lessors and renters of motor vehicles 
to elect to pay highway use tax on motor vehicles owned on October 1, 1989, and to 
clarify that these motor vehicles are otherwise subject to the gross receipts tax. (Ch. 46) 

H.B. 84, an act to repeal the sunset on legislation authorizing Currituck County to 
levy an excise tax on instruments conveying real property. (Ch. 47) 

H.B. 119, an act to extend the corporate limits of the Town of Pineville. (Ch. 48) 

H.B. 185, an act to modify the scope of the Gaston County occupancy tax. (Ch. 49) 



April 23, 1991 



1991] SENATE JOURNAL 279 

H.B. 365, an act to provide for payment of benefits under the Registers of Deeds' 
Supplemental Pension Fund on the same day as other retirement benefits are paid. 
(Ch. 50) 

H.B. 368, an act to clarify the definition of "compensation" as used in the Local 
Governmental Employees' Retirement System and Teachers' and State Employees' Re- 
tirement System. (Ch. 51) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Judiciary I Committee: 

S.B. 392, a bill to clarify that the time period for renouncing a future interest under 
G.S. 31B-2 may differ from the time period for a qualified disclaimer for federal estate 
tax purposes as recommended by the General Statutes Commission, with a favorable 
report. 

S.B. 395, a bill to provide for the termination of inefficient small trusts as recom- 
mended by the General Statutes Commission, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute is placed on the Calendar for 
tomorrow, April 24, for further consideration. 

S.B. 473, a bill to protect the efficacy of certain judgments entered in reliance upon 
documents notarized by attorneys, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute is placed on the Calendar for 
tomorrow, April 24, for further consideration. 

By Senator Raynor for the Veteran and Military Affairs, Law Enforcement, 
and Senior Citizens Committee: 

S.B. 337 , a bill to make a technical correction in the law regarding certificates for fire 
prevention inspectors, with a favorable report. 

S.B. 431, a bill to improve required and advanced training of law enforcement offi- 
cers, with a favorable report. 

On motion of Senator Raynor, the bill is re-referred to the Finance Committee. 

H.B. 208 , a bill to allow the Parole Commission to require parolees to continue pursu- 
ing general education development degrees as a condition of parole, with a favorable 
report. 

CALENDAR 

H.B. 267, a bill to amend the definition of "business opportunity, " upon third read- 
ing. 

On motion of Senator Sands , the bill is taken up out of its regular order of business and 
on his further motion, further consideration of the bill is postponed until Tuesday, 
April 30. 



April 23, 1991 



280 SENATE JOURNAL [Session 

H.B. 291, a bill to authorize the City of Charlotte to levy a motor vehicle tax not to 
exceed twenty-five dollars, as amended, upon third reading. 

On motion of Senator Hartsell, the bill is taken up out of its regular order of business, 
and on his futher motion further consideration of the bill, as amended, is postponed until 
Thursday, April 25. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Carter: 

S. B. 743, a bill to prohibit any person engaged in commerce from delivering unsolicit- 
ed checks which, if cashed by the recipient, create an obligation to the sender. 
Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 744, a bill to provide for the expunction of the record of a defendant not pre- 
viously convicted of a felony when criminal charges against the defendant are dismissed 
or there is a finding of not guilty. 

Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 745, a bill to amend the employment security law pertaining to the removal of 
disqualification for unemployment insurance benefits. 

Referred to Manufacturing and Labor Committee. 

By Senator Cooper: 

S.B. 746, a bill to provide for the use of all-terrain vehicles for pedestrian purposes by 
persons with a mobility impairment. 

Referred to Transportation Committee. 

By Senator Cooper: 

S.B. 747, a bill relating to the economic future of North Carolina. 

Referred to Economic Development Committee: 

Senator Cooper: 

S.B. 748, a bill to amend the law requiring teacher and administrator involvement in 
the development of local school improvement plans. 
Referred to Education Committee. 

By Senator Daniel: 

S.B. 749, a bill to establish an additional method for an individual to designate an 
attorney-in-fact to make health care decisions. 
Referred to Human Resources Committee. 

By Senator Sands: 

S.B. 750, a bill to add fault as a factor to be considered for equitable distribution. 

Referred to Judiciary II Committee. 

By Senators Shaw and Smith: 

S.B. 751, a bill to provide procedures required to protect the privacy of children re- 
quired to testify. 

Referred to Judiciary II Committee. 

By Senators Shaw and Sands: 

S.B. 752, a bill to create a drug-free workplace for employees of the State of North 
Carolina. 

Referred to State Personnel and State Government Committee. 



April 23, 1991 



1991] SENATE JOURNAL 281 

By Senators Richardson, Blackmon, and Odom: 

S.B. 754, a bill to regulate Sunday sales and consumption of alcoholic beverages. 

Referred to Alcoholic Beverage Control Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 423 (Committee Substitute), a bill to clarify the meaning of "repair" of a sani- 
tary sewage system. 

Referred to Human Resources Committee. 

H.B. 464 (Committee Substitute), a bill to modify the fees payable by seed growers 
and dealers, to authorize the Board of Agriculture to issue a stop-sale order when a deal- 
er or grower fails to pay the seed fee, and to eliminate the requirement that a seed dealer 
or grower furnish a bond. 

Referred to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 479 (Committee Substitute), a bill to extend the corporate limits of the Town of 
Smithfield to include the Johnston County Country Club, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, 
Warren, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H.B. 273, a bill to increase the penalties for violation of Henderson County's occu- 
pancy tax law, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, April 24, for further consid- 
eration, upon third reading. 

S.B. 80 (Committee Substitute), a bill to amend the Home Health Agency Licensure 
Act. 

Senator Richardson offers Amendment No. 1 which is adopted (47-0). 

The Committee Substitute bill, as amended, passes its second reading (44-0). 

Senator Kincaid objects to the third reading of the measure, which remains on the 
Calendar for tomorrow, April 24, for further consideration, upon third reading. 



April 23, 1991 



282 SENATE JOURNAL [Session 

S.B. Ill (Committee Substitute), a bill to lower the minimum highway use tax, to 
exempt certain transfers of vehicles from the tax, and to raise various fees and taxes to 
offset the loss of revenue resulting from these changes. 

The President rules the Committee Substitute bill requires a call of the roll. 

Senator Kincaid offers Amendment No. 1, held to be material, which is adopted 
(44-0), constituting the first reading of the measure. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, April 24, for further consideration, upon second reading. 

Pursuant to the ruling of the Chair, Senator Sands rises to a point of order as to further 
consideration of amendments to the measure today. The Chair rules, pursuant to 
Article 2, Section 23 of the Constitution, the adoption of Amendment No. 1, held to be 
material, constitutes the first reading of the measure and ends further consideration 
today. 

S.B. 218 (Committee Substitute) , a bill authorizing the Division of Motor Vehicles to 
cancel the registration and title of certain vehicles and deleting an obsolete requirement 
concerning information given in an application for a certificate of title. 

Senator Winner offers Amendment No. 1 which is adopted (46-0). 

The Committee Substitute bill, as amended, passes its second reading (46-0). 

Senator Block objects to the third reading of the measure, which remains on the Calen- 
dar for tomorrow, April 24, for further consideration, upon third reading. 

S.B. 80 (Committee Substitute), a bill to amend the Home Health Agency Licensure 
Act, as amended, earlier today placed on tomorrow's Calendar, upon third reading. 

Senator Kincaid withdraws his objection to third reading and, with unanimous con- 
sent, the Committee Substitute bill, as amended, is withdrawn from the Calendar for 
tomorrow, April 24, and is placed at the end of today's Calendar, for further consider- 
ation, upon its third reading. 

S.B. 401, a bill to allow the Employment Security Commission to share certain infor- 
mation with the State Controller. 

On motion of Senator Parnell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 417 (Committee Substitute) , a bill to provide a uniform procedure for the siting 
of electric transmission lines as recommended by the Utilities Commission. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 429, a bill to amend the unemployment insurance law pertaining to hearings. 
On motion of Senator Parnell, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes it second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 8, a bill to improve the administration of the Highway Trust Fund and to make 
technical changes to the laws affected by the Highway Trust Fund. 

On motion of Senator Daniel, Committee Amendments No. 1, No. 2, and No. 3 are 
adopted. 

The bill, as amended, passes its second reading (46-0). 

Senator Winner objects to the third reading of the measure, which remains on the 
Calendar for tomorrow, April 24, for further consideration, upon third reading. 

H. J.R. 914, a joint resolution honoring Duke University on winning the NCAA Divi- 
sion I Men's Basketball Championship. 

On motion of Senator Royall, seconded by Senator Hunt, the joint resolution is post- 
poned indefinitely, an identical measure having been ratified. 



April 23, 1991 



1991] SENATE JOURNAL 283 

S.B. 80 (Committee Substitute), a bill to amend the Home Health Agency Licensure 
Act, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading (42-0) and is 
ordered engrossed and sent to the House of Representatives. 

SUSPENSION OF RULE 41 (a4) 

Pursuant to Rule 41 (a4) which requires public bills without revenue requirements sub- 
mitted to Bill Drafting by Thursday , April ll.be filed by 3 : 00 P . M . April 1 8 , suspended 
on April 17, to allow such bills to be filed by 3:00 P.M. Tuesday, April 23, Senator 
Barnes offers a motion to further suspend the rules to allow such bills to be filed by 3:00 
P.M. Wednesday, April 24. The motion prevails and the filing deadline is extended 
until 3:00 P.M. Wednesday, April 24. 

On motion of Senator Barnes, seconded by Senator Marvin, the Senate adjourns at 
4:25 P.M. to meet tomorrow, April 24, at 3:00 P.M. 



FORTY-NINTH DAY 

Senate Chamber, 
Wednesday, April 24, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Robert Jack, Pleasant Hill Presbyterian Church, 
Charlotte, as follows: 

"Almighty God, Who hast made us to pass our years in freedom; be merciful to us, 
Your servants, for we are a busy people and much given to the practice of busyness. The 
goal we set for ourselves can rob us of our wonder. The tasks we pursue so assiduously 
can take the pleasure out of life. And the machines and processes we trust so adamantly 
can reduce us to a herd of look-alikes, whereas You, O God, address us as persons. 

"Here, in this moment, would we pause to give You praise through the vehicle of pray- 
er. Here, in the midst of the hurry and the rush, would we set our hearts at rest and allow 
our spirits to take flight. Here, in the hustle and bustle of the crowded calendars and 
overworked agendas would we aspire to see Your Face and, in seeing it, the faces of the 
many who stand to benefit from our labors. In all areas of our State economy — in 
education and agriculture and commerce, in our working for the common weal — we 
would implore Your Presence and Power and Purpose, the Only Wise and Eternal God, 
to Whom our prayers ascend. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, Tues- 
day, April 23, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Pollard, and Senator 
Martin of Pitt. 

The Chair extends courtesies of the floor to former Senators Mel Watt of Mecklenburg 
County and William H. Barker of Pamlico County. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 



April 24, 1991 



284 SENATE JOURNAL [Session 

By Senator Soles for the Judiciary I Committee: 

S.B. 253, a bill to make the records and information used in connection with the 
Department of Transportation's bid analysis and management system and bid data and 
documentation confidential, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 253 (Committee Substitute) , a bill to make the 
records and information used in connection with the Department of Transportation' s Bid 
Analysis and Management System confidential, is placed before the Senate for immedi- 
ate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his fur- 
ther motion is placed on the Calendar for tomorrow, April 25, for further consideration. 

By Senator Hyde for the Constitution Committee: 

S.B. 440 , a bill to amend the Constitution to permit the issuance of local government 
bonds to finance the public portion of urban redevelopment or economic development 
projects, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 

By Senator Warren for the Travel, Tourism, and Cultural Resources 
Committee: 

S.B. 134, a bill to authorize the Department of Environment, Health, and Natural 
Resources to designate State trails by written agreements with private landowners and 
other units of government without requiring the Department to possess an interest in the 
property, with a favorable report. 

S.B. 350, a bill to provide that the State Library shall administer State publication 
guidelines, with a favorable report. 

S.B. 353, a bill to modify the membership and appointment of the State Library Com- 
mission, with a favorable report. 

S.B. 354, a bill to revise the duties of the members of the State Library Commission, 
with a favorable report. 

S.B. 400, a bill to provide that the Department of Cultural Resources shall issue 
archaeological permits, with a favorable report. 

By Senator Seymour for the Public Utilities Committee: 

S.B. 453, a bill to clarify the public enterprise law with respect to stormwater utilities 
established by cities and counties and to give water and sewer authorities the ability to 
operate and finance stormwater utilities, with a favorable report. 

On motion of Senator Seymour, the bill is re-referred to the Finance Committee. 

S.B. 551, a bill to permit the Utilities Commission to exempt cellular from regulation 
under Chapter 62, with a favorable report, as amended. 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S.B. 507, a bill to delete bond requirements for seed dealers and fertilizer manufactur- 
ers, with a favorable report. 



April 24, 1991 



1991] SENATE JOURNAL 285 

S.B. 509, a bill regarding designation of agricultural products producers' agencies for 
the purpose of federal commodity assessment programs, with a favorable report. 

S.B. 363, a bill to clarify the inspection authority of marine fisheries inspection, with 
a favorable report, as amended. 

S.B. 669, a bill to authorize a pork promotion assessment, with a favorable report, as 
amended. 

S.B. 389, a bill to abolish the North Carolina Marine Science Council, to create the 
North Carolina Council on Ocean Affairs, and to require the Office of Marine Affairs to 
administer the North Carolina aquariums, with an unfavorable report as to bill, but fa- 
vorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Speed, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 475, a bill to require the Wildlife Resources Commission to modify the bound- 
aries of a portion of the Daniel Boone Bear Sanctuary located in Caldwell and Avery 
Counties, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Speed, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 475 (Committee Substitute), a bill to require 
the Wildlife Resources Commission to modify the boundaries of a portion of the Daniel 
Boone Bear Sanctuary located in Caldwell and Avery Counties, and to allow the hunting 
of bear and wild boar from the rights-of-way of unpaved roads in Avery, Caldwell, and 
Wilkes Counties, is placed before the Senate for immediate consideration. 

On motion of Senator Speed, the Committee Substitute bill is adopted and, on his 
further motion, is placed on the Calendar for tomorrow, April 25, for further consider- 
ation. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 520, a bill to amend the Charter of the City of Durham to provide for improve- 
ments to real property by the seller or lessor of the property, with a favorable report. 

S.B. 585, a bill to amend the Charter of the City of Durham to change the manner in 
which corner lot relief from special assessments for water and sewer projects is calcu- 
lated, with a favorable report. 

H.B. 326, a bill to authorize the Town of Rowland to levy a room occupancy and 
tourism development tax, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

S.B. 495, a bill to exempt the contracts for a sixty-four-bed addition to the present 
jail facility of Wilson County from the requirements of the public bidding laws, with a 
favorable report, as amended. 

By Senator Conder for the Education Committee: 

S.B. 498, a bill to merge the Edgecombe County and Tarboro City School Adminis- 
trative Units, with a favorable report. 

S.B. 550, a bill to amend G.S. 115C-512 to include merged units which have three 
administrative units located within a county prior to merger wherein one such adminis- 
trative unit shall be located in more than one county and to provide for the phasing-in of 
such supplemental taxes as may be assessed pursuant to G.S. 115C-512, with a favor- 
able report. 

On motion of Senator Conder, the bill is re-referred to the Finance Committee. 



April 24, 1991 



286 SENATE JOURNAL [Session 

S.B. 658, a bill regarding the contracts of superintendents of local boards of educa- 
tion, with a favorable report. 

On motion of Senator Conder, the bill is re-referred to the Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Johnson: 

S.B. 755, a bill to allow AIDS testing without consent in certain medical procedures. 

Referred to Human Resources Committee. 

By Senator Johnson: 

S.B. 756, a bill to allow AIDS testing where appropriate for patient care and protec- 
tion of health care workers. 

Referred to Human Resources Committee. 

By Senator Johnson: 

S.B. 757, a bill to increase exempt property values and to clarify the effect of exemp- 
tions. 

Referred to Banks and Thrift Institutions Committee. 

By Senator Odom: 

S.B. 758, a bill pertaining to training requirements for tanning bed operators. 

Referred to Human Resources Committee. 

By Senators Odom and Daniel: 

S.B. 759, a bill to establish a maintenance reserve for State buildings. 
Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Murphy, Block, Cooper, Martin of Guilford, Odom, Plexico, 
Richardson, Sherron, Smith, Speed, Walker, Ward, and Warren: 

S.B. 760, a bill to amend the law concerning the qualifications of nursing home ad- 
ministrators. 

Referred to Human Resources Committee. 

By Senator Sands: 

S.B. 761, a bill to give general pay increases priority over performance pay as the 
Governor and General Assembly determine the appropriate allocation of State employee 
salary increases relating to cost of living adjustments and performance pay. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Sands: 

S.B. 762, a bill to provide that a person convicted of possession of a controlled sub- 
stance on prison or jail premises shall be guilty of a Class H felony. 
Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 763, a bill to provide that the district attorney may take a voluntary dismissal in a 
deferred prosecution. 

Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 764, a bill to provide that actions for negligent or deficient surveying or platting 
against registered land surveyors be commenced within three years and in no event more 
than six years from the act or omission giving rise to the action. 

Referred to Judiciary II Committee. 



April 24, 1991 



1991] SENATE JOURNAL 287 

By Senator Block: 

S.B. 765, a bill to limit the use of State funds by legal aid services. 

Referred to State Personnel and State Government Committee. 

By Senator Block: 

S.B. 766, a bill to provide that the Department of Justice may provide a criminal 
record check to the employer of a school employee or potential employee with the consent 
of the employee or applicant. 

Referred to Education Committee. 

By Senators Martin of Guilford, Perdue, and Speed: 

S.B. 767, a bill to define the limits of local government employees' political activities 
while on duty. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Guilford, Lee, Hunt, Perdue, and Richardson: 
S.B. 768, a bill to maintain and strengthen the current administration of State govern- 
ment's Equal Employment Opportunity Program. 

Referred to State Personnel and State Government Committee. 

By Senators Martin of Guilford, Ballance, Block, Daniel, Daughtry, Hartsell, Hyde, 
Marvin, Odom, Sands, Simpson, Soles, and Winner: 

S.B. 769, a bill to assure that the North Carolina Workers' Compensation Act ex- 
tends to injuries outside the State for employees whose principal place of employment is 
in North Carolina. 

Referred to Manufacturing and Labor Committee. 

By Senators Martin of Guilford, Royall, Speed, Tally, Walker, and Ward: 
S.B. 770, a bill to enhance mental health, mental retardation, and substance abuse 
care in local confinement facilities. 

Referred to Human Resources Committee. 

By Senators Martin of Guilford, Hunt, Marvin, Odom, Plexico, Richardson, Royall, 
Speed, Tally, Walker, and Ward: 

S.B. 771, a bill to amend the law regarding mental health clients' records. 
Referred to Human Resources Committee. 

By Senators Plexico, Basnight, Lee, and Walker: 

S.B. 772, a bill to provide that a child victim may testify in court in certain cases by 
means of closed circuit television. 

Referred to Judiciary II Committee. 

By Senators Plexico, Perdue, Tally, and Ward: 

S.B. 773, a bill to permit recyclable plastic yokes or ring type holding devices. 

Referred to Environment and Natural Resources Committee. 

By Senator Daniel: 

S.B. 774, a bill to establish the use of fiscal years for probate accounting purposes. 

Referred to Judiciary I Committee. 

By Senator Daniel: 

S.B. 775, a bill to save the deduction of interests in certain trusts for the federal estate 
or gift tax marital deduction. 

Referred to Finance Committee. 

By Senator Daniel: 

S.B. 776, a bill relating to tax revenues. 

Referred to Finance Committee. 



April 24, 1991 



288 SENATE JOURNAL [Session 

By Senator Daniel: 

S.B. 777, a bill relating to fees for additional revenue. 

Referred to Finance Committee. 

By Senator Cooper: 

S.B. 778, a bill to amend the laws regarding the execution of corporate instruments. 

Referred to Judiciary I Committee. 

By Senators Cooper and Daniel: 

S.B. 779, a bill to regulate rental housing listing services. 

Pursuant to Rule 42.3, the bill is ordered held as filed. 

By Senator Cooper: 

S.B. 780, a bill to rewrite the law restricting the exercise of power for a fiduciary's 
benefit. 

Referred to Judiciary I Committee. 

By Senators Cooper and Daniel: 

S.B. 781, a bill to reduce emissions of ozone-depleting chlorofluorocarbons. 

Referred to Environment and Natural Resources Committee. 

By Senator Winner: 

S.B. 782, a bill to provide that the prohibition against carrying a concealed weapon 
shall not apply to State and federal judges and prosecutors. 
Referred to Judiciary II Committee. 

By Senator Shaw: 

S.B. 783, a bill to provide that a child victim may testify in court in certain criminal 
cases by means of closed circuit television. 
Referred to Judiciary II Committee. 

By Senator Simpson: 

S.B. 784, a bill to require institutions of higher education to keep a record of the crimi- 
nal offenses that occur on campus and to provide that information to the public if re- 
quested. 

Referred to Higher Education Committee. 

By Senators Carpenter, Allran, Blackmon, Conder, Forrester, Hartsell, Marvin, and 
Speed: 

S.B. 785, a bill to authorize municipalities to issue bonds and notes constituting spe- 
cial obligations secured solely by sources that are not derived from the exercise of their 
taxing power to provide funds for certain municipal infrastructure needs. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Tally: 

S.B. 786, a bill to provide for the management of hazardous waste in North Carolina, 
to amend various statutes relating to the management of hazardous waste, and to make 
conforming changes to other statutes. 

Referred to Environment and Natural Resources Committee. 

By Senator Tally: 

S.B. 787, a bill to further provide for the management of hazardous waste in North 
Carolina, to amend various statutes relating to the management of hazardous waste, and 
to make conforming changes to other statutes. 

Referred to Environment and Natural Resources Committee. 

By Senators Tally, Plexico, Marvin, Odom, and Ward: 

S.B. 788, a bill to require the Energy Division of the Department of Economic and 
Community Development to study the use of clean transportation fuels in State-owned 



April 24, 1991 



1991] SENATE JOURNAL 289 

vehicles and to develop a demonstration project using natural gas as the fuel for State- 
owned vehicles. 

Referred to State Personnel and State Government Committee. 

By Senators Plexico, Ballance, Basnight, Blackmon, Block, Cooper, Daniel, Hart- 
sell, Hunt, Hyde, Lee, Martin of Guilford, Perdue, Richardson, Sands, Seymour, 
Shaw, Sherron, Simpson, Tally, Ward, and Warren: 

S.J.R. 789, a joint resolution authorizing the Legislative Research Commission to 
study ways to promote the conservation of energy and the use of renewable energy 
sources in residential, commercial, industrial, and public facilities in North Carolina. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S. B. 790, a bill to equalize per diem payments for occupational licensing board mem- 
bers. 

Referred to Appropriations Committee. 

By Senators Sands and Daniel: 

S.B. 791, a bill to establish a pilot program of mediated settlement conferences in 
Superior Court actions. 

Referred to Judiciary II Committee. 

By Senator Simpson: 

S.B. 792, a bill to provide that it is a Class I felony to make false bomb threats or 
scares regarding a State hospital facility. 
Referred to Judiciary II Committee. 

By Senators Cooper and Daniel: 

S.B. 793, a bill to change the budget process by limiting the increase in General Fund 
operating appropriations to the estimated growth in personal income. 

Referred to Economic Development Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Raynor: 

S.B. 794, a bill to remove the University of North Carolina licensure requirements 
from out-of-State institutions of higher education operating on military bases. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senator Winner: 

S.B. 795, a bill to amend the definition of commercial underground storage tank. 

Referred to Environment and Natural Resources Committee. 

By Senators Sands and Odom: 

S.B. 796, a bill to regulate the sale of cigarette wrapping papers. 

Referred to Judiciary II Committee. 

By Senator Odom: 

S.B. 797, a bill to reform the small employer group health insurance marketplace in 
the State of North Carolina. 

Referred to Insurance Committee and, upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Lee, Tally, and Martin of Guilford: 

S.B. 798, a bill to allow local school boards to develop policies regarding corporal 
punishment in their schools. 

Referred to Education Committee. 



April 24, 1991 



290 SENATE JOURNAL [Session 

By Senators Lee, Hunt, Conder, Plyler, and Walker: 

S.B. 799, a bill to prohibit municipalities from discriminating against multisection 
manufactured homes. 

Referred to Judiciary II Committee. 

By Senator Raynor: 

S.B. 800, a bill regarding the allocation of space in the new education building. 

Referred to State Personnel and State Government Committee. 

By Senators Walker and Johnson: 

S.B. 801, a bill to further provide for the separation of powers between the legislative 
and executive branches of government by providing that the President Pro Tempore of the 
Senate rather than the Lieutenant Governor shall make appointments to certain legisla- 
tive commissions and committees relating to the environment and public utilities. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Walker: 

S.B. 802, a bill to make clarifying, conforming, and technical amendments to various 
laws relating to environment, health, and natural resources. 

Referred to Environment and Natural Resources Committee. 

By Senators Carpenter and Speed: 

S.B. 803, a bill to clarify what funds may be used to repay solid waste special obliga- 
tion bonds. 

Referred to Finance Committee. 

By Senators Marvin, Carter, and Forrester: 

S.B. 804, a bill to require students enrolled in public kindergarten, first grade or sec- 
ond grade who are under the age of seven to attend school. 
Referred to Education Committee. 

By Senators Bryan and Hunt: 

S.B. 805, a bill to raise the age of compulsory attendance in public schools. 

Referred to Education Committee. 

By Senator Conder: 

S.B. 806, a bill to amend the Constitution to change the composition of the State 
Board of Education and to make the Superintendent of Public Instruction an appointee of 
the State Board of Education, and to make corresponding statutory changes. 

Referred to Constitution Committee. 

By Senator Conder: 

S.B. 807, a bill to make changes in the membership and election of the Board of 
Governors of the University of North Carolina. 
Referred to Higher Education Committee. 

By Senator Conder: 

S.B. 808, a bill to appropriate funds for the Cities-in-Schools Dropout Prevention 
Programs. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 809, a bill to provide that fisheries licenses be issued on a fiscal year basis, 
increase the fee for a license, and provide that license agents be bonded. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and, 
upon a favorable report, re-referred to the Finance Committee. 

By Senator Sands: 

S.B. 810, a bill to change the budget process by limiting the increase in General Fund 
appropriations to the estimated growth in personal income, placing half of credit 



April 24, 1991 



1991] SENATE JOURNAL 291 

balances in a rainy-day fund, sunsetting programs, requiring maintenance reserves, pro- 
viding for annual budgets, and requiring revenue estimates and fiscal notes to cover a 
four-year period. 

Referred to State Personnel and State Government Committee and, upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Royall, Sands, and Tally: 

S.B. 811, a bill to modify the ad valorem tax exemptions or exclusions relative to 
personal and real property owned by educational institutions which is incidental to, rea- 
sonably related to, and reasonably necessary for educational purposes. 

Referred to Finance Committee. 

By Senator Perdue: 

S.B. 812, a bill to establish a State procurement policy which grants preference to the 
purchase of products with recycled content. 

Referred to State Personnel and State Government Committee. 

By Senator Perdue: 

S.B. 813, a bill to repeal that provision of the law which exempts public landfills from 
the Environmental Impact Statement required by the North Carolina Environmental 
Policy Act of 1971. 

Referred to Environment and Natural Resources Committee. 

By Senator Perdue: 

S.B. 814, a bill to amend the law relating to the Advisory Committee on Home and 
Community Care for Older Adults. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senators Conder, Allran, Basnight, Block, Bryan, Carpenter, Carter, Cochrane, 
Forrester, Hartsell, Kincaid, Martin of Pitt, Parnell, Perdue, Plexico, Shaw, Simpson, 
Smith, and Speed: 

S.B. 815, a bill to require parental or judicial consent for unemancipated minor's 
abortion. 

Referred to Judiciary I Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Cooper: 

S.B. 816, a bill to modify the law regarding the appointment of commissioners of 
hospital authorities. 

Referred to Human Resources Committee. 

By Senator Cooper: 

S.B. 817, a bill to protect bona fide purchasers for value of real property against judg- 
ments more than ten years old that are tolled for the period of exemption by requiring the 
order designating exempt property to be filed in the register of deeds office. 

Referred to Judiciary I Committee. 

By Senator Warren: 

S.B. 818, a bill to allow a limited window retirement incentive for some members of 
the Teachers' and State Employees' Retirement System who are eligible for unreduced 
service retirement. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Warren and Plexico: 

S.B. 819, a bill to authorize the Legislative Research Commission to study tourism's 
growth and effect. 

Referred to Appropriations Committee. 



April 24, 1991 



292 SENATE JOURNAL [Session 

By Senators Tally and Raynor: 

S. B. 820, a bill to appropriate funds for the development of the Museum of the Cape 
Fear Historical Complex. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S. B. 821, a bill to prohibit the issuance of a permit for a new sanitary landfill or for an 
expansion of an existing sanitary landfill located in certain classified water supply wa- 
tersheds. 

Referred to Environment and Natural Resources Committee. 

By Senator Daniel: 

S. B. 822, a bill to make changes in the membership and terms of the Board of Gover- 
nors of the University of North Carolina. 

Referred to Higher Education Committee. 

By Senator Daniel: 

S. B. 823, a bill to provide that all interest expenses are deductible for inheritance tax 
purposes. 

Referred to Finance Committee. 

By Senators Plyler and Conder: 

S. B. 824, a bill to provide that a county may retain twenty-five percent of any money 
and property confiscated from controlled substance violations for local drug abatement 
activities. 

Referred to Judiciary II Committee. 

By Senator Daniel: 

S . B . 825 , a bill to allow inheritance tax credits for property transferred to nonrelatives 
and collateral relatives. 

Referred to Finance Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 168 (Committee Substitute), a bill to amend the Home Health Agency Licen- 
sure Act. 

Senator Richardson offers a motion the Committee Substitute bill be placed before the 
Senate for immediate consideration, which motion prevails, without objection. 

Senator Richardson offers Amendment No. 1, which is adopted (47-0). 

The Committee Substitute bill, as amended, passes its second (48-0) and third read- 
ings and is ordered sent to the House of Representatives for concurrence in Senate 
Amendmerit No. 1, without objection, by special messenger. 

H.B. 413 (Committee Substitute) , a bill to increase the maximum civil penalty which 
may be assessed for violations of air quality standards or limitations and to correct a 
cross-reference. 

Referred to Environment and Natural Resources Committee. 

H.B. 424, a bill to authorize a fee for companion animal certificates of examination. 
Referred to Finance Committee. 

H.B. 505, a bill to amend the law regarding respite care. 
Referred to Human Resources Committee. 



April 24, 1991 



1991] SENATE JOURNAL 293 

H.B. 534, a bill to remove the sunset on the Victims Compensation Act. 
Referred to Judiciary II Committee. 

H.B. 688, a bill to authorize Martin County to levy a room occupancy and travel and 
tourism tax. 

Referred to Finance Committee. 

H.B. 762, a bill to allow the Cities of High Point and Greensboro to enact room occu- 
pancy taxes if the Guilford County occupancy tax is repealed. 
Referred to Finance Committee. 

H.B. 808, a bill to authorize Ashe County to levy a room occupancy tax. 
Referred to Finance Committee. 

WITHDRAWAL FROM COMMITTEE 

S.B. 209 (House Committee Substitute), a bill to clarify the issuance of fictitious 
drivers licenses and registration plates and to create a confidential registration file. 

Senator Goldston offers a motion that the rules be suspended and the House Commit- 
tee Substitute bill be taken from the Transportation Committee and placed before 
the Senate for immediate consideration, upon concurrence, which motion prevails. 

The Senate concurs in the House Committee Substitute bill (47-0) and the House 
Committee Substitute bill is ordered enrolled. 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, bills are read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

S.B. 219, a bill to extend the corporate limits of the Town of Davidson, with a favor- 
able report. 

S.B. 359 (Committee Substitute), a bill to transfer authority to set fees for screening 
tests for asbestosis or silicosis to the Secretary of Environment, Health, and Natural 
Resources, with a favorable report. 

On motion of Senator Daniel, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 607, a bill to permit certain counties to use property tax funds for housing reha- 
bilitation programs already authorized by law, with a favorable report. 

S.B. 632, a bill to amend the law concerning the Guilford County occupancy tax, with 
a favorable report. 

H.B. 343, a bill to authorize the City of Charlotte to reduce its privilege license tax 
penalties and to authorize certain cities to allow credits for privilege license tax penalties, 
with a favorable report. 

S.B. 457, a bill to consolidate all of the school administrative units in Guilford County 
or to provide for the two city school administrative units in that County to have bound- 
aries coterminous with the cities, subject to a referendum, as amended by the 
Education Committee, with a favorable report, as amended. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

H.B. 273, a bill to increase the penalties for violation of Henderson County's occu- 
pancy tax law, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 



April 24, 1991 



294 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, and 
Warren — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. Ill (Committee Substitute), a bill to lower the minimum highway use tax, to 
exempt certain transfers of vehicles from the tax, and to raise various fees and taxes to 
offset the loss of revenue resulting from these changes, as amended, upon second read- 
ing. 

Senator Sands offers Amendment No. 2, which adopted (44-0). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, 
and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, April 25, for further consideration, upon third reading. 

WITHDRAWAL FROM COMMITTEE 

S.B. 688, a bill to provide reduced insurance rates for reduced coverages. 

Senator Soles offers a motion the rules be suspended and the bill be taken from the 
Insurance Committee and re-referred to the Judiciary I Committee, which 
motion prevails. 

The Chair orders the bill re-referred to the Judiciary I Committee. 

CALENDAR (Continued) 

S.B. 241, a bill to allow North Carolina Amateur Sports to use State trucks and vans 
for the State Games of North Carolina. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 337, a bill to make a technical correction in the law regarding certificates for fire 
prevention inspectors. 

The bill passes its second (47-0) and third readings and ordered sent to the House of 
Representatives. 

S.B. 392, a bill to clarify that the time period for renouncing a future interest under 
G.S. 31B-2 may differ from the time period for a qualified disclaimer for federal estate 
tax purposes as recommended by the General Statutes Commission. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 395 (Committee Substitute), a bill to provide for the termination of inefficient 
small trusts as recommended by the General Statutes Commission. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 



April 24, 1991 



1991] SENATE JOURNAL 295 

S.B. 473 (Committee Substitute), a bill to protect the efficacy of certain judgments 
entered in reliance upon documents notarized by attorneys. 

Senator Sands offers Amendment No. 1, which is adopted (46-0), changing the title 
to read, S.B. 473 (Committee Substitute), a bill to protect the efficacy of certain judg- 
ments entered in reliance upon documents notarized by attorneys and to validate certain 
acts of notaries public. 

The Committee Substitute bill, as amended, passes its second reading (44-1). 

Senator Winner objects to the third reading of the measure which remains on the Cal- 
endar for tomorrow, April 25, for further consideration, upon third reading. 

H. B. 208, a bill to allow the Parole Commission to require parolees to continue pursu- 
ing general education development degrees as a condition of parole. 

The bill passes its second (46-0) and third readings and is ordered enrolled. 

S.B. 218 (Committee Substitute) , a bill authorizing the Division of Motor Vehicles to 
cancel the registration and title of certain vehicles and deleting an obsolete requirement 
concerning information given in an application for a certificate of title, as amended, 
upon third reading. 

The Committee Substitute bill, as amended, passes its third reading (46-0) and is 
ordered engrossed and sent to the House of Representatives. 

H.B. 8, a bill to improve the administration of the Highway Trust Fund and to make 
technical changes to the laws affected by the Highway Trust Fund, as amended, upon 
third reading. 

The bill, as amended, passes its third reading (46-0) and is ordered sent to the House 
of Representatives, for concurrence in Senate Amendments No. 1, No. 2, and No. 3. 

REPORTS OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness , bills are read by their titles , together with the reports accompanying them , and take 
their place on the Calendar, as follows: 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 405, a bill to establish the Martin Luther King, Jr. Holiday Commission, with a 
favorable report. 

On motion of Senator Sherron, the bill is re-referred to the Appropriations 
Committee. 

S.B. 413, a bill to modify the statutory description of the State Flag, with a favorable 
report. 

S.B. 458, a bill making technical changes to the laws administered by the Office of the 
State Controller and to repeal obsolete laws, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Appropri- 
ations Committee. 

S.B. 348, a bill to amend various Statutes relating to the State Auditor, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended and, the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Sherron, the Committee Substitute bill is placed on the Calendar 
for tomorrow, April 25, for further consideration. 



April 24, 1991 



296 SENATE JOURNAL [Session 

S.B. 425, a bill to authorize the State Personnel Commission to adopt rules for disci- 
plinary actions, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Sherron, the rules are suspended and, the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calendar 
for Monday, April 29, for further consideration. 



INTRODUCTION OF BILL 

Senator Perdue offers a motion that Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote. 

By Senator Perdue: 

S.B. 829, a bill concerning the State Board of Community Colleges. 

Referred to Higher Education Committee. 



REPORTS OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, bills are read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Murphy for the Human Resources Committee: 

H. B. 78, a bill to clarify funeral benefits provided by all burial associations operating 
in North Carolina, with favorable report. 

S.B. 141, a bill to provide for family preservation services, to establish the Commis- 
sion on Family-Centered Services, and to appropriate funds for the Commission on 
Family-Centered Services, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Murphy, the rules are suspended and, the Committee Substitute 
bill which changes the title to read S.B. 141 (Committee Substitute) , a bill to provide for 
family preservation services, to establish the Advisory Committee on Family-Centered 
Services, and to appropriate funds for the Advisory Committee on Family-Centered Ser- 
vices, is placed before the Senate for immediate consideration. 

On motion of Senator Murphy, the Committee Substitute bill is adopted and, on his 
further motion, is re-referred to the Appropriations Committee. 



REPORT FROM THE NORTH CAROLINA DEPARTMENT OF 
PUBLIC INSTRUCTION 

Pursuant to Senate Bill 44, Section 58 of the 1989 General Assembly, the North 
Carolina Department of Public Instruction submits to the Senate the "Dropout Preven- 
tion Report." 

The Senate accepts the report and it is ordered placed on file in the Legislative Library. 

On motion of Senator Barnes, seconded by Senator Johnson, the Senate adjourns at 
4:10 P.M. to meet tomorrow, April 25, at 1:30 P.M. 



April 24, 1991 



1991] SENATE JOURNAL 297 

FIFTIETH DAY 

Senate Chamber, 
Thursday, April 25, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore. 

Prayer is offered by the Reverend Robert Jack, Minister of Pleasant Hill Presbyterian 
Church, Charlotte, as follows: 

"Let it not be, O God, that praise should ascend from all places of Your Dominion 
while we are silent. For if we default in our praise of You, the very rocks themselves shall 
shout a chorus of Your Name. Invest us with a currency of gratitude which overcomes 
our momentary mood or fortune, and causes us to Bless You at all times. 

"We thank You, Lord, for work accomplished and for work yet undone. In the one 
there is the joy of completion; in the other, the promise of greater future for all our la- 
bors. Make us to know our place in the scheme of things: We are creatures; You the 
Creator. You have made us with a capacity to do God-like things and have crowned us 
with honor and glory, dominion and power over the works of our hands. May we be 
content in what we have done, yet discontent while so much remains. Strive with us yet a 
while longer, Lord, for we love You and would serve You fully. Amen." 

Senator Roy all, announces the Journal of yesterday, April 24, has been examined and 
is found to be correct. On his motion, the Senate dispenses with the reading of the Jour- 
nal and it stands approved as written. 

The President Pro Tempore grants a leave of absence for today to Senator Sands and 
Senator Conder, who is speaking at the North Carolina High School Athletic Directors 
Annual Conference in Atlantic Beach. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S. B. 368, a bill to permit the City of Monroe to dispose of certain property acquired by 
eminent domain, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion, the 
Committee Substitute bill is adopted. 

On motion of Senator Lee, the Committee Substitute bill is placed on the Calendar for 
Monday, April 29. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 330, a bill to make the obstruction of streams and ditches a strict liability of- 
fense, to increase the penalties for the obstruction of streams and ditches , and to redefine 
the authority of forest law enforcement officers to enforce the prohibition against ob- 
struction of streams and ditches, with a favorable report. 

S.B. 455 , a bill to provide for the control of aquatic weeds , with a favorable report , as 
amended. 



April 25, 1991 



298 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 166 (Committee Substitute), an act to require the Department of Human Re- 
sources, Division of Aging, to charge fees for in-home and community-based services. 
(Ch. 52) 

S.B. 209 (House Committee Substitute), an act to clarify the issuance of fictitious 
drivers licenses and registration plates and to create a confidential registration file. 
(Ch. 53) 

H.B. 208, an act to allow the Parole Commission to require parolees to continue pur- 
suing general education development degrees as a condition of parole. (Ch. 54) 

H.B. 273, an act to increase the penalties for violation of Henderson County's occu- 
pancy tax law. (Ch. 55) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolution filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Martin of Guilford and Richardson: 

S.B. 826, a bill concerning required training of supervisors employed by the State 
within the first year of appointment or promotion. 

Referred to State Personnel and State Government Committee. 

By Senators Sherron and Bryan: 

S.B. 827, a bill to establish a temporary erosion control permit whereby certain lim- 
ited activities may be commenced prior to approval by the North Carolina Sedimentation 
Control Commission of a draft erosion control plan when a qualified professional has 
certified that the draft plan complies with all requirements under the Sedimentation Pol- 
lution Control Act of 1973. 

Referred to Environment and Natural Resources Committee. 

By Senator Staton: 

S.B. 828, a bill to reorganize the language of a statute in order to make the statute 
more readable. 

Referred to Judiciary I Committee. 

By Senator Murphy: 

S.R. 830, a Senate simple resolution honoring the memory of Governor Richard Cas- 
well and celebrating the 200th Anniversary of Lenoir County. 

On motion of Senator Murphy, the Senate simple resolution is placed before the Sen- 
ate for immediate consideration and on his further motion is read in its entirety. 

With unanimous consent, on motion of Senator Murphy the Senate simple resolution 
and remarks of the Senator are spread upon the Journal, as follows: 

S.R. 830, a Senate simple resolution honoring the memory of Governor Richard Cas- 
well and celebrating the 200th Anniversary of Lenoir County. 

Whereas, Lenoir County is celebrating its bicentennial in 1991; and 
Whereas, Lenoir County was formed from a portion of Dobbs County; and 
Whereas, Lenoir county was named for William Lenoir, one of the heroes of the Battle 
of Kings Mountain during the Revolutionary War and independence of this country, was 
born in Lenoir County; and 



April 25, 1991 



1991] SENATE JOURNAL 299 

Whereas, Governor Caswell served six one-year terms and is buried at the Caswell- 
Neuse State Park in Lenoir County; and 

Whereas, the citizens of Lenior County have been actively preparing a celebration to 
honor this historic occasion with a re-enactment of the inauguration of Governor Caswell 
on April 26th, 27th, 28th; 
Now, therefore, be it resolved by the Senate; 

Section 1 . The Senate honors the memory of Governor Richard Caswell on the 200th 
anniversary of Lenoir County. 

Sec. 2. The Senate urges all citizens of this State to join Lenoir County in celebrating 
its bicentennial. 

Sec. 3. The Principal Clerk shall transmit a certified copy of this resolution to the 
chairman of Lenoir County Board of Commissioners and the mayor of the City of Kins- 
ton. 

Sec. 4. This resolution is effective upon adoption. 

"Thank you, Mr. President and Members of the Senate, I appreciate your indulgence 
in this Resolution that I presented to you today that is honoring one of North Carolina's 
most progressive counties that is also deeply proud of its rich historical heritage. The 
next three days are most significant to Lenoir County citizens and I believe to all of our 
State. The Lenoir County will be holding a celebration of their 200th anniversary and the 
memory of Governor Richard Caswell. Governor Caswell was born in Lenoir County and 
you know was the first Governor of North Carolina following the Revolutionary War. 
Citizens of Lenoir County cordially invite you and others to attend any of a variety of 
events scheduled Friday, Saturday, and Sunday being held in the all- American City of 
Kinston in Lenoir County. I'd appreciate your support of this Resolution. 

On motion of Senator Murphy, the Senate Simple resolution is adopted (46-0). 

By Senators Parnell, Tally, Ballance and Martin of Guilford: 

S.B. 831, a bill to convey land in Robeson County to the North Carolina Indian Cul- 
tural Center, Incorporated. 

Referred to State Personnel and State Government Committee. 

By Senator Sherron: 

S.B. 832, a bill to increase the retirement formula and to provide an adjusting in- 
crease to retirees of the Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Sands: 

S.B. 833, a bill to change the budget process by limiting the increase in General Fund 
appropriations to the estimated growth in personal income, placing half of credit bal- 
ances in a rainy-day fund, sunsetting programs, requiring maintenance reserves, provid- 
ing for annual budgets, and requiring revenue estimates and fiscal notes to cover a four- 
year period. 

Referred to Economic Development Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Walker: 

S.B. 834, a bill to provide for the reorganization and recodification of those portions 
of the General Statutes relating to environment, health, and natural resources. 
Referred to State Personnel and State Government Committee. 

By Senator Walker: 

S.B. 835, a bill to revise and consolidate the organization, powers, duties, and func- 
tions of the boards, commissions, and councils of the Department of Environment, 
Health, and Natural Resources, to further provide for the consolidation and 



April 25, 1991 



300 SENATE JOURNAL [Session 

reorganization of environmental programs, and to make technical and conforming statu- 
tory changes. 

Referred to State Personnel and State Government Committee. 

By Senator Walker: 

S.B. 836, a bill to reorganize and consolidate health agencies and programs and to 
make technical and conforming statutory changes. 

Referred to State Personnel and State Government Committee. 

By Senators Seymour, Martin of Guilford, and Shaw: 

S.B. 837 , a bill to provide a special additional reimbursement to local governments for 
revenue lost due to the repeal of the property tax on inventory and to appropriate funds to 
the local government tax reimbursement reserve to pay for the additional reimbursement. 

Referred to Appropriations Committee. 

By Senators Richardson, Allran, Ballance, Block, Carpenter, Hunt, Lee, Martin of 
Guilford, Raynor, and Walker: 

S.B. 838, a bill to provide for income tax withholding for federal civil service retirees 
on the same basis as for State government and military retirees. 

Referred to Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 370 (Committee Substitute), a bill to specifying procedures for filing of annex- 
ation documents with the Secretary of State. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 388, a bill to provide that small debts need not be turned over to the Attorney 
General for collection. 

Referred to State Personnel and State Government Committee. 

H.B. 395, a bill to allow summary judgment for absolute divorce in certain circum- 
stances. 

Referred to Judiciary II Committee. 

H.B. 421, a bill to clarify G.S. 13-1, to restore the citizenship of persons convicted in 
another state on the same bases as persons convicted in this State or in federal court, and 
to simplify the procedure for filing the Certificate of Restoration as recommended by the 
General Statutes Commission. 

Referred to Judiciary II Committee. 

H.B. 506 (Committee Substitute) , a bill to clarify the law providing for the prevention 
of lead poisoning in children. 

Referred to Human Resources Committee. 

H.B. 574 (Committee Substitute), a bill to incorporate the Town of Foscoe. 
Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 624, a bill to modify the authorities of Burke County and the municipalities 
therein to undertake local development activities. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 660, a bill to increase the penalties for violation of Town of North Topsail 
Beach or Onslow County ordinances. 

Referred to Local Government and Regional Affairs Committee. 



April 25, 199! 



1991] SENATE JOURNAL 301 

H. B. 668, a bill to amend to Charter of the City of Southport to provide for the place- 
ment of the position of Tax Collector under the supervision of the City Manager. 
Referred to Local Government and Regional Affairs Committee. 

H . B . 678 , a bill to authorize the City of Burlington to sell surplus property to the Ralph 
Scott Group Homes, Incorporated, by private sale. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 775, a bill to authorize Alleghany County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 



CALENDAR 

S.B. 498, a bill to merge the Edgecombe County and Tarboro City School Adminis- 
trative Units, upon second reading. 

On motion of Senator Daniel, the bill is taken up out of its regular order of business, 
and on his further motion, the bill is re-referred to the Finance Committee. 



WITHDRAWAL FROM COMMITTEE 

S.B. 658, a bill regarding the contracts of superintendents of local boards of educa- 
tion. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and placed on the Calendar for today in its regular order of 
business, which motion prevails. 

The Chair orders the bill placed on the Calendar for today in its regular order of busi- 
ness. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Perdue for the Higher Education Committee: 

S.B. 829 , a bill concerning the State Board of Community Colleges , with a favorable 
report. 

On motion of Senator Perdue, the bill is placed on the Calendar for today, in its regular 
order of business. 

S. J.R. 593, a joint resolution setting the date for the Senate and House of Represen- 
tatives to elect members of the State Board of Community Colleges, with a favorable 
report. 

By Senator Soles for the Judiciary I Committee: 

S.B, 689, a bill to clarify the law regarding creation of a joint tenancy with right of 
survivorship, with a favorable report. 

H.B. 224, a bill to provide that an appeal for a trial de novo may be withdrawn after 
the calendaring of the case upon consent of the court and the attachment of court costs, 
with a favorable report. 



April 25, 1991 



302 SENATE JOURNAL [Session 

S.B. 155, a bill to improve the administrative rule-making process, with an unfavor- 
able report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is re-referred to the 
Finance Committee. 

S.B. 398, a bill to amend the Business Corporation Act and make a conforming 
amendment to G.S. 47-18.1 as recommended by the General Statutes Commission, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill , which changes the title to read S.B. 398 (Committee Substitute) , a bill to amend the 
Business Corporation Act and make a conforming amendment to G.S. 47-18.1 as 
recommended by the General Statutes Commission and to amend G.S. 55-7-28, is 
placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his fur- 
ther is placed on the Calendar for Tuesday, April 30, for further consideration. 



RE-REFERRAL 

S.B. 645, a bill to make changes in the law relating to the creation and perfection of 
security interests in rents and profits. 

Senator Soles offers a motion that the rules be suspended and the bill be taken from the 
Judiciary I Committee and re-referred to the Banks and Thrift Institutions 
Committee, which motion prevails. 

The Chair orders the bill re-referred to the Banks and Thrift Institutions Com- 
mittee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 291, a bill to authorize the City of Charlotte to levy a motor vehicle tax not to 
exceed twenty-five dollars, as amended, upon third reading. 

Senator Hartsell offers Amendment No. 2 which is adopted (44-1), held not to be 
material. 

The bill passes its third reading by roll-call vote, ayes 41, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Parnell, Plexico, Plyler, Pollard, Raynor, Richardson, Seymour, 
Shaw, Sherron, Smith, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 41. 

Voting in the negative: Senators Blackmon and Royall — 2. 

The bill, as amended, is ordered sent to the House of Representatives, for concurrence 
in Senate Amendments No. 1 and No. 2. 

S.B. 219, a bill to extend the corporate limits of the Town of Davidson, as amended, 
upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 1 , as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 



April 25, 1991 



1991] SENATE JOURNAL 303 

Marvin, Odom, Parnell, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Shaw, 
Sherron, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner— 42. 

Voting in the negative: Senator Bryan — 1. 

The bill, as amended, is ordered placed on the Calendar for Monday, April 29, for 
further consideration upon third reading. 

S. B. 457, a bill to consolidate all of the school administrative units in Guilford County 
or to provide for the two city school administrative units in that County to have bound- 
aries coterminous with the cities, subject to a referendum, as amended by the Educa- 
tion Committee, upon second reading. 

On motion of Senator Martin of Guilford, Committee Amendment No. 2 is adopted. 

Senator Martin of Guilford offers Amendment No. 3 which is adopted (45-0). 

Senator Shaw offers Amendment No. 4, which fails of adoption (18-24). 

Senator Shaw offers Amendment No. 5, which fails of adoption (15-25). 

The bill, as amended, passes its second reading by roll-call vote, ayes 27, noes 15, as 
follows: 

Voting in the affirmative : Senators Ballance, Barnes, Basnight, Block, Hunt, Hyde, 
Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plexico, 
Plyler, Raynor, Richardson, Royall, Seymour, Sherron, Soles, Speed, Staton, Tally, 
Walker, Ward, and Winner— 27. 

Voting in the negative: Allran, Blackmon, Bryan, Carpenter, Carter, Cochrane, 
Cooper, Daughtry, Forrester, Goldston, Hartsell, Kincaid, Pollard, Shaw, and 
Smith— 15. 

The bill, as amended, is ordered placed on the Calendar for Monday, April 29, for 
further consideration upon third reading. 

Senator Barnes, President Pro Tempore, relinquishes the gavel to the Honorable 
James C. Gardner, Lieutenant Governor, who presides. 

S. B. 585, a bill to amend the Charter of the City of Durham to change the manner in 
which corner lot relief from special assessments for water and sewer projects is calcu- 
lated, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 29, for further consider- 
ation, upon third reading. 

S. B. 475 (Committee Substitute) , a bill to require the Wildlife Resources Commission 
to modify the boundaries of a portion of the Daniel Boone Bear Sanctuary located in 
Caldwell and Avery Counties, and to allow the hunting of bear and wild boar from the 
rights-of-way of unpaved roads in Avery, Caldwell, and Wilkes Counties. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

S.B. 495, a bill to exempt the contracts for a sixty-four-bed addition to the present 
jail facility of Wilson County from the requirements of the public bidding laws. 
On motion of Senator Lee, Committee Amendment No. 1 is adopted. 



April 25, 1991 



304 SENATE JOURNAL [Session 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 829, a bill concerning the State Board of Community Colleges. 

Senator Perdue offers a motion that the rules be suspended to the end that the bill be 
placed before the Senate out of its regular order of business prior to public third reading 
roll-call bills for immediate consideration, which motion prevails (31-12). 

Consequently, without objection, on motion of Senator Perdue, the bill is temporarily 
displaced. 

S.B. 520, a bill to amend the Charter of the City of Durham to provide for improve- 
ments to real property by the seller or lessor of the property. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 632, a bill to amend the law concerning the Guilford County occupancy tax. 
The bill passes its second (37-7) and third readings and is ordered sent to the House of 
Representatives. 

S.B. Ill (Committee Substitute), a bill to lower the minimum highway use tax, to 
exempt certain transfers of vehicles from the tax, and to raise various fees and taxes to 
offset the loss of revenue resulting from these changes, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote 
ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 134, a bill to authorize the Department of Environment, Health, and Natural 
Resources to designate State trails by written agreements with private landowners and 
other units of government without requiring the Department to possess an interest in the 
property. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 363, a bill to clarify the inspection authority of marine fisheries inspection. 
On motion of Senator Block, the bill is taken up out of its regular order of business, 
and on his further motion, consideration of the bill is postponed until Tuesday, April 30. 

S.B. 305, a bill to provide that title to State lands cannot be acquired by adverse pos- 
session. 

On motion of Senator Sherron, the bill is taken up out of its regular order of business, 
and on his further motion, the bill is re-referred to the Judiciary I Committee. 

S.B. 829, a bill concerning the State Board of Community Colleges, temporarily dis- 
placed earlier. 

The bill passes its second reading (32-13). 

Senator Cochrane objects to the third reading of the measure which remains on the 
Calendar for Monday, April 29, for further consideration, upon third reading. 

S.B. 253 (Committee Substitute), a bill to make the records and information used in 
connection with the Department of Transportation's Bid Analysis and Management Sys- 
tem confidential. 

Senator Smith offers Amendment No. 1 which is adopted (46-0). 



April 25, 1991 



1991] SENATE JOURNAL 305 

The Committee Substitute bill, as amended, passes its second (45-0) and third read- 
ings and is ordered, without objection, sent to the House of Representatives, without 
engrossment. 

S.B. 315, a bill to clarify the role of physicians in promoting highway safety. 
The bill passes its second reading (25-19), and without objection, remains before the 
Senate for further consideration, upon third reading. 

On motion of Senator Winner, the bill is re-referred to the Judiciary I Committee. 

S.B. 829, a bill concerning the State Board of Community Colleges, earlier today 
placed on the Calendar for Monday, April 29, upon third reading. 

Senator Perdue, seconded by Senator Kaplan, offers a motion to suspend the rules to 
allow further consideration of the bill today upon third reading, which motion prevails 
(33-12). 

The bill is withdrawn from the Calendar of Monday, April 29, and placed before the 
Senate for further consideration upon third reading. 

The bill passes its third reading (32-13). 

Senator Perdue offers a motion that the bill be ordered sent to the House of Represen- 
tatives by special messenger, which motion prevails (32-8). 

The bill is ordered sent to the House of Representatives by special messenger. 

The Chair declares the voting equipment inoperative. 

S.B. 348 (Committee Substitute) , a bill to amend various statutes relating to the State 
Auditor. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Plyler, Chairman of the Base Budget Committee, for the Appropri- 
ations Committee: 

S.B. 753, a bill to make base budget appropriations for current operations of State 
departments, institutions, and agencies, and for other purposes, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill, along with the Report on 
Base Budget Reductions. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill, with table of contents attached (See Addendum), is placed before the Senate for 
immediate consideration and on his further motion the Committee Substitute bill is 
adopted, held to be material, constituting the first reading of the measure. Pursuant to 
G.S. 143-15, see Addendum for text of Report presented by Appropriations Committee 
attached to SB 753 (PCS 4588), dated April 25, 1991. 

Pursuant to Rule 42, the Committee Substitute bill is re-refened to the Finance 
Committee. 

By Senator Daniel for the Finance Committee: 

S.B. 412, a bill to amend certification requirements for water treatment facility opera- 
tors, with a favorable report. 

S.B. 107, a bill to simplify and modernize certain privilege license taxes to improve 
administration of the taxes, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 107 (Committee Substitute), a bill to simplify 



April 25, 1991 



306 SENATE JOURNAL [Session 

and modernize privilege license taxes relating to dry cleaners and laundries, is placed 
before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, April 29, for further consider- 
ation. 

S.B. 397, a bill to amend G.S. 55-1-22 to increase the fee for copying filed docu- 
ments and to provide for charging a fee to compare a copy to the original as 
recommended by the General Statutes Commission, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 397 (Committee Substitute) , a bill to increase 
and make uniform the fees for copying a filed document, comparing a copy to the original 
filed document, and certifying a document under the Business Corporation Act, the 
Nonprofit Corporation Act, and the revised Uniform Limited Partnership Act, is placed 
before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, April 29, for further consider- 
ation. 

S.B. 426 (Committee Substitute), a bill to revise and recodify as Chapter 10A the 
Statutes relating to notaries, with an unfavorable report as to Committee Substitute bill 
No. 1, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill No. 2 is placed before the Senate for immediate consideration, and on his further 
motion, the Committee Substitute bill No. 2 is adopted. 

On motion of Senator Daniel, the Committee Substitute bill No. 2 is placed on the 
Calendar for Monday, April 29, for further consideration. 

S.B. 539, a bill to authorize the Department of Revenue to establish by rule the time 
period for stamping cigarettes, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill which changes the title to read S.B. 539 (Committee Substitute) , a bill to authorize 
the Department of Revenue to establish the time period for stamping cigarettes, is placed 
before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, April 29, for further consider- 
ation. 

APPOINTMENT BY THE GOVERNOR 

The President directs the Reading Clerk to read the following message from the 
Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH, 27603-8001 

April 24, 1991 

The Honorable James C. Gardner 

Lieutenant Governor 

State Capitol 

Raleigh, North Carolina 27611 

Dear Governor Gardner: 

Pursuant to North Carolina General Statute 62-10, I hereby appoint the Honorable Ally- 
son K. Duncan to the North Carolina Utilities Commission to serve a term beginning 



April 25, 1991 



1991] SENATE JOURNAL 307 

July I, 1991 and expiring June 30, 1999. This appointment is subject to confirmation by 
the General Assembly, and I hereby submit her name for confirmation. 

I have enclosed a copy of Judge Duncan ' s resume ' . Please feel free to contact her should 
you need any additional information, or to inform her of the date of any committee meet- 
ing she would need to attend concerning her confirmation. 

Sincerely, 

S/James G. Martin 
Governor 

Referred to Public Utilities Committee. 



RE-REFERRAL 

S.B. 800, a bill regarding the allocation of space in the new Education Building. 

Senator Sherron offers a motion that the rules be suspended and the bill be taken from 
the State Personnel and State Government Committee and re-referred to the 
Rules and Operation of the Senate Committee, which motion prevails. 

The Chair orders the bill re-referred to the Rules and Operation of the Senate 
Committee. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
3:35 P.M. to meet Monday, April 29, at 8:00 P.M. 



FIFTY-FIRST DAY 



Senate Chamber, 
Monday, April 29, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Lord and Our Guide, show us the way, Father. Help the Members of this Senate 
to chart a path through the maze of problems and questions facing our State. We confess 
that we have too often looked for direction in places that have disappointed us. We have 
looked to technology. We have looked to tradition. We have even looked to each other, 
but the answers remain elusive. 

"Help us now more than ever Father, to look within for guidance in addition to looking 
without. Remind us that answers can indeed be found in technology, in tradition, and in 
the counsel of others. But also remind us that without an inner strength and sense of 
direction, that comes only from You, the ability to find our way will remain just beyond 
our reach. Thank You, Father, that You stand ready to guide us, just as You led another 
group of Your Children to safety so many years ago. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, April 
25, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for tonight to Senator Daughtry and Senator 
Soles, who is attending a meeting in his district. 



April 29, 1991 



308 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 87, an act to authorize the Governor to appoint a "Composer-Laureate for the 
State of North Carolina." (Ch. 56) 

H.B. 95 (Senate Committee Substitute), an act to amend Chapter 1079 of the 1984 
Session Laws to authorize Cumberland County to sell industrial sites in its industrial 
park. (Ch. 57) 

H.B. 113, an act to allow the Town of Ayden to dispose of certain property by private 
negotiation and sale. (Ch. 58) 

H.B. 168 (Committee Substitute), an act to amend the Home Health Agency Licen- 
sure Act. (Ch. 59) 

H.B. 206, an act to specify and make uniform throughout the State the manner of 
filling vacancies in the office of register of deeds, and to clarify that the register of deeds 
term is four years in all counties. (Ch. 60) 

H.B. 339 , an act to exempt Pasquotank County from the requirements of Article 1 2 of 
Chapter 160A of the General Statutes as to the lease or sale of certain property. (Ch. 61) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 813, a bill to repeal that provision of the law which exempts public landfills from 
the Environmental Impact Statement required by the North Carolina Environmental 
Policy Act of 1971, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Tally, the rules are suspended and, the Committee Substitute 
bill is placed before the Senate for immediate consideration and, on her further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is placed on the Calendar 
for tomorrow, April 30, for further consideration. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 70, a bill to regulate foreign banks, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended and, the Committee Substitute 
bill, which changes the title to read S.B. 70 (Committee Substitute), a bill to authorize 
foreign banking offices in North Carolina, is placed before the Senate for immediate 
consideration. 

On motion of Senator Staton, the Committee Substitute bill is adopted and, on his 
further motion, is re-referred to the Finance Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



April 29, 1991 



1991] SENATE JOURNAL 309 

By Senators Martin of Guilford, Marvin, Hunt, Conder, and Richardson: 

S.J.R. 839, a joint resolution authorizing the Legislative Research Commission to 

study inequities in the salaries of equally qualified minorities, females, and nonminority 

males within occupational categories in State employment. 
Referred to Appropriations Committee. 

By Senator Shaw: 

S.B. 840, a bill to establish the North Carolina Fund for Children and Families, pro- 
vide for its governance, and permit the allocation of corporate and individual income tax 
refunds to the Fund. 

Referred to Finance Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Basnight, Ballance, Barnes, Block, Conder, Cooper, Goldston, Hunt, 
Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, Sands, Seymour, 
Sherron, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and Winner: 

S.B. 841, a bill to make other budget appropriations from the General Fund for cur- 
rent operations. 

Referred to Appropriations Committee. 

By Senator Pollard: 

S.B. 842, a bill to increase the minimum and maximum number of magistrates for 
Onslow County. 

Referred to Appropriations Committee. 

By Senators Tally, Cooper, Hyde, Johnson, Marvin, Odom, Plexico, Sherron, 
Ward, and Warren: 

S.B. 843, a bill to appropriate funds to equip and design, construct, and install exhi- 
bitions in the new North Carolina Museum of History Building. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 844, a bill to appropriate funds to the Department of Transportation for printing 
additional North Carolina Coastal Boating Guides. 
Referred to Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 211, a bill to allow demolition of dwellings under G.S. 160A-443 following an 
order of the public officer. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 218, a bill to simplify the communicable disease law. 
Referred to Human Resources Committee. 

H.B. 219, a bill to require a new permit for re-opened food and lodging establish- 
ments. 

Referred to Human Resources Committee. 

H.B. 300 (Committee Substitute), a bill to provide that there shall be no insurance 
points assessed for speeding ten miles or less over the speed limit for first offense in three 
years where speed limit exceeds fifty-five miles per hour. 

Referred to Judiciary I Committee. 



April 29, 1991 



310 SENATE JOURNAL [Session 

H. B. 308 (Committee Substitute) , a bill to allow local governmental units to contract 
with financial institutions for receipt of payments of delinquent property taxes and inter- 
est. 

Referred to Finance Committee. 

H.B. 355 (Committee Substitute), a bill to clarify the subpoena power of the Board of 
Medical Examiners. 

Referred to Judiciary I Committee. 

H.B. 396 (Committee Substitute) , a bill to remove obsolete language from Chapter 50 
of the General Statutes and to move clarifying provisions to a more appropriate place in 
Chapter 50. 

Referred to Judiciary II Committee. 

H.B. 468, a bill to require a permit to sell bees and to authorize the Commissioner of 
Agriculture to impose civil penalties for violations of the Bee and Honey Act. 

Referred to Agriculture, Marine Resources and Wildlife Committee and, 
upon a favorable report, re-referred to the Finance Committee. 

H.B. 494, a bill to encourage the business community to facilitate student achieve- 
ment. 

Referred to Education Committee. 

H.B. 553 (Committee Substitute), a bill to create the Tobacco Research Commis- 
sion, authorize a referendum of tobacco growers regarding establishment of a tobacco 
checkoff for tobacco research, and to make conforming changes in the laws concerning 
agricultural research. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and, 
upon a favorable report, re-referred to the Finance Committee. 

H.B. 603, a bill to provide for the registration of land in Granville County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily avail- 
able for use to secure an entry permit before entering or remaining on registered land or 
remaining on abutting portions of highway. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and, 
upon a favorable report, re-referred to the Finance Committee. 

H.B. 634, a bill to authorize the City of Oxford to convey certain property for con- 
struction of a new fire department by lease-purchase arrangement. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 635, a bill to authorize the City of Raleigh to levy a motor vehicle tax not to 
exceed fifteen dollars. 

Referred to Finance Committee. 

H.B. 659 (Committee Substitute), a bill to regulate hunting on, from, or across the 
right-of-way of public roads or highways in Onslow County and to change the law re- 
garding trespassing on posted land in Onslow County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 662, a bill to change the law providing for the disposition by laundries and dry 
cleaners of unclaimed garments. 

Referred to Judiciary I Committee. 

H.B. 672, a bill to provide for the filing period for the Cumberland County Board of 
Education. 

Referred to Education Committee. 

H.B. 676, a bill changing the time newly elected members of the Halifax County 
Board of Education shall qualify. 

Referred to Education Committee. 



April 29, 1991 



1991] SENATE JOURNAL 311 

H.B. 679, a bill to provide that certain drug offenses committed within one thousand 
feet of a school shall be punishable as Class E felonies. 
Referred to Judiciary II Committee. 

H.B. 680, a bill to exempt Burke County from certain statutory requirements in the 
construction of a county detention facility. 

Referred to State Personnel and State Government Committee. 

H.B. 683, a bill amending the Charter of the City of Wilmington to authorize zoning 
density bonuses in projects containing specified amounts of low and moderate income 
housing. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 720, a bill to extend the City of Durham's fair housing ordinance to cover dis- 
crimination based on familial status. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 721, a bill to allow the City of Durham and Durham County to enact ordinances 
that prohibit acts of discrimination in employment and public accommodations based on 
race, color, national origin, religion, sex, handicap, or age. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 722, a bill to amend the Charter of the City of Durham relating to development 
plans and site plans. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 737, a bill to authorize the City of Wilmington to impose conditions and restric- 
tions on the sale of property. 

Referred to Local Government and Regional Affairs Committee. 

H. J.R. 743, a joint resolution setting the date for the Senate and House of Represen- 
tatives to elect members of the State Board of Community Colleges. 
Referred to Higher Education Committee. 

H.B. 766, a bill to exempt from the requirements of the public bidding laws the con- 
tracts for an addition to the present jail facility of Wilson County. 

Referred to State Personnel and State Government Committee. 

H.B. 806, a bill to clarify that the fee for a weapon permit in Catawba County is five 
dollars. 

Referred to Finance Committee. 

H.B. 855, a bill to amend the Employment Security Law regarding benefit charges to 
employer accounts. 

Referred to Manufacturing and Labor Committee. 

S. B. 10 (House Committee Substitute) , a bill to make certain technical and clarifying 
amendments to Chapter 126 of the General Statutes regarding the State Personnel Sys- 
tem, for concurrence in the House Committee Substitute bill, which is placed on the 
Calendar for tomorrow, April 30. 

CALENDAR 

Bills and Resolutions on the Calendar carried forward as unfinished business from 
Thursday, April 25, are taken up and disposed of, as follows: 

S.B. 350, a bill to provide that the State Library shall administer State publication 
guidelines. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 



April 29, 1991 



312 SENATE JOURNAL [Session 

S.B. 353, a bill to modify the membership and appointment of the State Library 
Commission. 

The bill passes its second (45-1) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 354, a bill to revise the duties of the members of the State Library Commission. 
The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 400, a bill to provide that the Department of Cultural Resources shall issue 
archaeological permits. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 413, a bill to modify the statutory description of the State Flag. 
The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 507, a bill to delete bond requirements for seed dealers and fertilizer manufactur- 
ers. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 509, a bill regarding designation of agricultural products producers' agencies for 
the purpose of federal commodity assessment programs. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 551, a bill to permit the Utilities Commission to exempt cellular from regulation 
under Chapter 62. 

On motion of Senator Seymour, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 607, a bill to permit certain counties to use property tax funds for housing reha- 
bilitation programs already authorized by law. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 658, a bill regarding the contracts of superintendents of local boards of educa- 
tion. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 669, a bill to authorize a pork promotion assessment. 
On motion of Senator Speed, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 78, a bill to clarify funeral benefits provided by all burial associations operating 
in North Carolina. 

The bill passes its second (46-0) and third readings and is ordered enrolled. 

H.B. 343, a bill to authorize the City of Charlotte to reduce its privilege license tax 
penalties and to authorize certain cities to allow credits for privilege license tax penalties. 
The bill passes its second (46-0) and third readings and is ordered enrolled. 

S.B. 473 (Committee Substitute), a bill to protect the efficacy of certain judgments 
entered in reliance upon documents notarized by attorneys and to validate certain acts of 
notaries public, as amended, upon third reading. 

Senator Winner offers Amendment No. 2, which is adopted (46-1) , changing the title 
to read S.B. 473 (Committee Substitute), a bill to repeal G.S. 47-8, to protect the 



April 29, 1991 



1991] SENATE JOURNAL 313 

efficacy of certain judgments entered in reliance upon documents notarized by attorneys 
and to validate certain acts of notaries public. 

The Committee Substitute bill, as amended, passes its third reading (47-0) and is 
ordered engrossed and sent to the House of Representatives. 

Bills on the Calendar for tonight are taken up and disposed of as follows: 
S. B. 412, a bill to amend certification requirements for water treatment facility opera- 
tors. 

On motion of Senator Daniel, the rules are suspended and the bill is taken up out of its 
regular order of business, and on his further motion, is recommitted to the Finance 
Committee. 

S.B. 219, a bill to extend the corporate limits of the Town of Davidson, as amended, 
upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 47, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives. 

S . B . 457 , a bill to consolidate all of the school administrative units in Guilford County 
or to provide for the two city school administrative units in that County to have bound- 
aries coterminous with the cities, subject to a referendum, as amended, upon third read- 
ing. 

Senator Shaw offers Amendment No. 6, which fails of adoption (16-27). 

The bill, as amended, passes its third reading by roll-call vote, ayes 27, noes 15, as 
follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Conder, 
Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Guilford, Marvin, Parnell, Plexico, 
Plyler, Raynor, Richardson, Royall, Seymour, Sherron, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner— 27. 

Voting in the negative: Senators Allran, Blackmon, Carpenter, Carter, Cochrane, 
Cooper, Forrester, Goldston, Hartsell, Kincaid, Pollard, Sands, Shaw, Simpson, and 
Smith— 15. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 585, a bill to amend the Charter of the City of Durham to change the manner in 
which corner lot relief from special assessments for water and sewer projects is calcu- 
lated, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative : Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Forrester, Coldston, Hartsell, Hunt, 
Hyde, Johnson, Kaplan, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 368 (Committee Substitute), a bill to permit the City of Monroe to dispose of 
certain property acquired by eminent domain, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 



April 29, 1991 



314 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, April 
30, for further consideration, upon third reading. 

S.B. 107 (Committee Substitute), a bill to simplify and modernize privilege license 
taxes relating to dry cleaners and laundries, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 44, 
noes 0, as follows: 

Voting in the affirmative : Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daniel, Forrester, Goldston, Hartsell, 
Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, April 
30, for further consideration, upon third reading. 

S.B. 330, a bill to make the obstruction of streams and ditches a strict liability 
offense, to increase the penalties for the obstruction of streams and ditches, and to rede- 
fine the authority of forest law enforcement officers to enforce the prohibition against 
obstruction of streams and ditches. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 397 (Committee Substitute), a bill to increase and make uniform the fees for 
copying a filed document, comparing a copy to the original filed document, and certify- 
ing a document under the Business Corporation Act, the Nonprofit Corporation Act, and 
the revised Uniform Limited Partnership Act. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

The President of the Senate relinquishes the gavel to Senator Henson P. Barnes, 
President Pro Tempore, who presides in his absence. 

S.B. 425 (Committee Substitute), a bill to authorize the State Personnel Commission 
to adopt rules for disciplinary actions. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 426 (Committee Substitute No. 2), a bill to revise and recodify as Chapter 10A 
the Statutes relating to notaries. 

The Committee Substitute bill No. 2 passes its second reading (46-0). 

Senator Sands objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, April 30, for further consideration, upon third reading. 

S.B. 455, a bill to provide for the control of aquatic weeds. 
On motion of Senator Tally, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



April 29, 1991 



1991] SENATE JOURNAL 315 

S.B. 539 (Committee Substitute), a bill to authorize the Department of Revenue to 
establish the time period for stamping cigarettes. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S. J.R. 593, a joint resolution setting the date for the Senate and House of Represen- 
tatives to elect members of the State Board of Community Colleges. 

The joint resolution passes its second (43-0) and third readings and is ordered, with- 
out objection, on motion of Senator Perdue, sent to the House of Representatives by 
special messenger. 

S.B. 689, a bill to clarify the law regarding creation of a joint tenancy with right of 
survivorship. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 224, a bill to provide that an appeal for a trial de novo may be withdrawn after 
the calendaring of the case upon consent of the court and the attachment of court costs. 
The bill passes its second (44-0) and third readings and is ordered enrolled. 

REPORT OF COMMITTEE 

The following standing committee report is submitted out of the regular order of busi- 
ness, bills are read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S.B. 380, a bill to clarify the law relating to child support payors' notice and responsi- 
bilities, with a favorable report, as amended. 

S.B. 723, a bill to establish safeguards for controlled substance examinations, with a 
favorable report, as amended. 

S.B. 686, a bill to make technical changes to clarify conflict of interest of board of 
directors of hospital, medical, and dental service corporations, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended and, the Committee Substitute 
bill, which changes the title to read S.B. 686 (Committee Substitute), a bill to make 
technical changes to clarify the conflict of interest law relating to boards of directors of 
hospital, medical, and dental service corporations, is placed before the Senate for imme- 
diate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, April 30, for further consider- 
ation. 



RECONSIDERATION 

S.B. 612, a bill to provide for the merger and consolidation of the school administra- 
tive units in Nash County and the City of Rocky Mount, placed upon the table with the 
motion to reconsider on April 22. 

Senator Martin of Pitt offers a motion to suspend the rules to allow further consider- 
ation of the bill, which was laid upon the table on Monday, April 22, along with the 
motion to reconsider said action. 

The Chair rules the motion to suspend the rules to allow further consideration of the 
bill is in order if prevailing with a two-thirds majority of those members present and 
voting. 



April 29, 1991 



316 SENATE JOURNAL [Session 

The motion offered by Senator Martin of Pitt to suspend the rules to allow further 
consideration of the tabled bill prevails with a two-thirds majority vote of the members 
present and voting (32-12). 

The bill is called from the Office of the Principal Clerk and placed before the Senate for 
further consideration. 

Senator Martin of Pitt offers a motion to reconsider the vote by which the motion pre- 
vailed to table the reconsideration of the vote by which S.B. 612 was laid upon the table. 
The motion prevails with a two-thirds majority vote of the members present and voting 
(32-12). 

The question becomes the motion to table the motion to reconsider the vote by which 
the bill was laid upon the table. 

Without objection, Senator Martin of Pitt withdraws his motion to table the motion to 
reconsider the vote by which the bill was laid upon the table, and Senator Basnight with- 
draws his second to the motion. 

Senator Martin of Pitt offers a motion to reconsider the vote by which the motion pre- 
vailed to table the bill, which motion prevails (31-12). The question becomes the mo- 
tion to table the bill. 

Without objection, Senator Martin of Pitt withdraws his motion to table the bill, and 
Senator Basnight withdraws his second to the motion. The bill remains before the Senate 
upon its first reading. 

Pursuant to Rule 43, the Chair refers the bill, after consultation with the Chairman of 
the Rules and Operation of the Senate Committee, to the Education Com- 
mittee and, upon receipt of a favorable report, re-refers the measure to the Finance 
Committee. 

The President recognizes the following pages serving in the Senate this week: Heidi 
Baysden, Richlands; Micah Joel Brigman, Moncure; Myleah Brown, Raleigh; Adiy- 
lah S. Carter, Durham; Phyllis D. Culbreth, Raleigh; Damian A. Faison, Raleigh; 
Molly Elizabeth Harbin, Asheville; Amy Hardison, Grifton; Jewel Michelle Hargrove, 
Raleigh; Amy Louise Henderson, Mt. Olive; Rachel Hoffman, Raleigh; Cheryl Mar- 
tens, Ayden; Mary Ellen Murphy, Benson; Ladisa Nyree Robinson, Pleasant Garden; 
Tracy Slade, Bath; Ebony Stubbs, Greensboro; Melinda Lee Turcotte, Pikeville; Jo- 
seph W. Witherspoon, New Bern; and Gina Gayle Wortman, Monroe. 

On motion of Senator Winner, seconded by Senator Cooper, the Senate adjourns at 
10:05 P.M. to meet tomorrow, April 30, at 3:00 P.M. 



FIFTY-SECOND DAY 

Senate Chamber, 
Tuesday, April 30, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, so many rely on the individuals in this Chamber. Help them to rely on 
You. 

"So many look to these Senators for leadership. Help them to follow Your leadership 
for their lives, both personal and professional. 

"So many come to this Building seeking answers. Help these servants of our State to 
look to You not only for answers but also for the appropriate questions. 



April 30, 1991 



1991] SENATE JOURNAL 317 

"The law of our State is given its height, its breadth, its depth, its length by those 
assembled in this room. Help them to examine and study Your Law as they write the 
laws that govern North Carolina, because found in Your Law is Wisdom that is timeless 
and ideas that are helpful even for the circumstances we find ourselves in today. Amen. " 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 
29, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Staton, who is in Chapel 
Hill obtaining an expert witness deposition and Senator Hyde, who is attending the fu- 
neral of Mrs. Gordan H. Greenwood, wife of Gordon H. Greenwood, Representative 
from Buncombe County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

H . B . 78 , an act to clarify funeral benefits provided by all burial associations operating 
in North Carolina. (Ch. 62) 

H. B. 224, an act to provide that an appeal for a trial de novo may be withdrawn after 
the calendaring of the case upon consent of the court and the attachment of court costs. 
(Ch. 63) 

H.B. 343, an act to authorize the City of Charlotte to reduce its privilege license tax 
penalties and to authorize certain cities to allow credits for privilege license tax penalties. 
(Ch. 64) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S. B. 716, a bill to make various changes to laws permitting grand juries to investigate 
drug- trafficking charges, with a favorable report. 

S. B. 763, a bill to provide that the district attorney may take a voluntary dismissal in a 
deferred prosecution, with a favorable report. 

By Senator Soles for the Judiciary I Committee: 

S.B. 597, a bill to provide attorney's fees to prevailing parties in actions relating to 
statutory liens on real property and payment and performance bonds, with an unfavor- 
able report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 1, for further consideration. 

By Senator Raynor for the Veteran and Military Affairs, Law Enforcement, 
and Senior Citizens Committee: 

S.B. 422, a bill to make clarifying changes to the laws concerning the Sheriffs' Edu- 
cation and Training Standards Commission, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Raynor, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion 
the Committee Substitute bill is adopted. 



April 30, 1991 



318 SENATE JOURNAL [Session 

On motion of Senator Raynor, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 1, for further consideration. 

By Senator Martin of Pitt, Vice-Chairman, for Senator Staton, Chairman, for the 
Banks and Thrift Institutions Committee: 

S. B. 91 , a bill to create a savings bank charter in North Carolina, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Pitt, the rules are suspended, and the Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion, the Committee Substitute bill is adopted. 

On motion of Senator Martin of Pitt, the Committee Substitute bill is re-referred to the 
Finance Committee. 

By Senator Daniel for the Finance Committee: 

S. B. 412, a bill to amend certification requirements for water treatment facility opera- 
tors, with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Daniel, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 1, for further consideration. 

INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Odom: 

S.B. 845, a bill to provide for greater local government fiscal accountability and 
autonomy and to lessen the reliance on ad valorem property taxes by providing for 
additional revenue options. 

Referred to Finance Committee. 

By Senators Basnight, Plyler, and Forrester: 

S.B. 846, a bill to provide an annual allowance of one hundred fifty dollars to each 
member of the North Carolina National Guard. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee and, upon a favorable report, re-referred to the 
Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 398, a bill to authorize judges to make interim allocations of assets pending a 
final equitable distribution judgment. 
Referred to Judiciary II Committee. 

H.B. 530 (Committee Substitute) , a bill making various amendments to Chapter 8 5B 
of the General Statutes relating to auctions and auctioneers. 
Referred to Judiciary I Committee. 

H.B. 559, a bill to make a technical correction in the law regarding certificates for fire 
prevention inspectors. 

Referred to State Personnel and State Government Committee. 



April 30, 1991 



1991] SENATE JOURNAL 319 

H.B. 592, A bill to authorize the City of Washington to levy a room occupancy and 
tourism development tax. 

Referred to Finance Committee. 

H.B. 745 (Committee Substitute) , a bill to provide a grace period for military person- 
nel to list and pay property taxes after deployment or active duty. 
Referred to Finance Committee. 

H.B. 796, a bill to extend to Sampson County laws that require vacancies in the of- 
fices of sheriff, register of deeds, and county commissioner to be filled with the nominee 
of the political party executive committee of the vacating member. 

Referred to Election Laws Committee. 

H.B. 933, a bill to repeal the sales tax exemption for prison concession sales. 
Referred to Finance Committee. 

H.B. 1044, a bill to allow the housing of safekeepers in the same inpatient medical 
and mental health facilities with convicted prisoners. 
Referred to Human Resources Committee. 

EXECUTIVE ORDERS 

Executive Orders received are presented to the Senate, read, and referred to commit- 
tee, as follows: (See Appendix) 

Executive Order Number 141, Amending Executive Order Number 90, Gover- 
nor's Advisory Council on Literacy. 

Referred to State Personnel and State Government Committee. 



REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly sub- 
mit reports, as follows: 

The North Carolina Department of Revenue submits its revenue Comparative State- 
ment of Net Collections. 

Pursuant to Chapter 1065 of the North Carolina General Statutes, the Division of 
Motor Vehicles submits the Evaluation of a DDC/Citation-Dismissal Program in North 
Carolina Final Report. 

The Senate accepts the Reports, which are ordered placed on file in the Legislative 
Library. (See Addendum) 

Pursuant to Section 40 of SB 1426, as amended in 1990, the Department of Environ- 
ment, Health, and Natural Resources submits notification a final report of the Waste 
Stream Analysis and the State and Local Government Recycling and Waste Manage- 
ment Plan is delayed. (See Appendix) 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 368 (Committee Substitute), a bill to permit the City of Monroe to dispose of 
certain property acquired by eminent domain, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 48, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 



April 30, 1991 



320 SENATE JOURNAL [Session 

Forrester, Goldston, Hartsell, Hunt, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 107 (Committee Substitute), a bill to simplify and modernize privilege license 
taxes relating to dry cleaners and laundries, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 48, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 363, a bill to clarify the inspection authority of marine fisheries inspection. 
On motion of Senator Speed, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (48-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 813 (Committee Substitute) , a bill to repeal that provision of the law which ex- 
empts public landfills from the Environmental Impact Statement required by the North 
Carolina Environmental Policy Act of 1971. 

On motion of Senator Daniel, the Committee Substitute bill is taken up out of its regu- 
lar order of business and, on his further motion, is re-referred to the Finance Com- 
mittee. 

S.B. 380 , a bill to clarify the law relating to child support payors ' notice and responsi- 
bilities. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (48-0). 

Senator Sands objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, May 1, for further consideration, upon third reading. 

S.B. 398 (Committee Substitute), a bill to amend the Business Corporation Act and 
make a conforming amendment to G.S. 47-18.1 as recommended by the General 
Statutes Commission and to amend G.S. 55-7-28. 

The Committee Substitute bill passes its second reading (48-0). 

Senator Odom objects to the third reading of the measure which remains on the Calen- 
dar for tomorrow, May 1, for further consideration, upon third reading. 

S.B. 686 (Committee Substitute) , a bill to make technical changes to clarify the con- 
flict of interest law relating to boards of directors of hospital , medical , and dental service 
corporations. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 723, a bill to establish safeguards for controlled substance examinations. 
On motion of Senator Sands, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



April 30, 1991 



1991] SENATE JOURNAL 321 

S.B. 426 (Committee Substitute No. 2), a bill to revise and recodify as Chapter 10A 
the Statutes relating to notaries, upon third reading. 

Senator Block offers Amendment No. 1. 

Senator Winner offers a motion that the Committee Substitute bill No. 2, with Amend- 
ment No. 1 pending, be removed from the Calendar for today and placed on the Calen- 
dar for tomorrow, May 1, which motion he subsequently withdraws. 

Without objection, Senator Block withdraws Amendment No. 1. 

On motion of Senator Sands, further consideration of the Committee Substitute bill 
No. 2 is postponed until tomorrow, May 1. 

RE-REFERRAL 

S.B. 845, a bill to provide for greater local government fiscal accountability and au- 
tonomy and to lessen the reliance on ad valorem property taxes by providing for 
additional revenue options, referred to the Finance Committee earlier today. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Local Government and Regional 
Affairs Committee, and upon receipt of a favorable report, recommitted to the 
Finance Committee, which motion prevails. 

The Chair orders the bill re-referred to the Local Government and Regional 
Affairs Committee. 



CALENDAR (Continued) 

H.B. 267, a bill to amend the definition of "business opportunity," upon third 
reading. 

Senator Odom offers Amendment No. 1, which is adopted (47-0), changing the title, 
upon concurrence, to read, H.B. 267, a bill to amend the definition of "business oppor- 
tunity" and to amend the requirements for charitable solicitation license applicants to 
allow a certificate of deposit in lieu of a bond. 

The bill, as amended, passes its third reading (47-0) and is ordered sent to the House 
of Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 10 (House Committee Substitute) , a bill to make certain technical and clarifying 
amendments to Chapter 126 of the General Statutes regarding the State Personnel Sys- 
tem, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (47-0) and the House 
Committee Substitute bill is ordered enrolled. 

S.B. 380, a bill to clarify the law relating to child support payors' notice and responsi- 
bilities, as amended, placed on the Calendar for Wednesday, May 1, earlier today. 

Senator Sands withdraws his objection to third reading and, with unanimous consent, 
the bill, as amended, is withdrawn from the Calendar of tomorrow, May 1 , and is placed 
before the Senate for further consideration upon its third reading. 

The bill, as amended, passes it third reading (47-0) and is ordered engrossed and sent 
to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 695, a joint resolution providing for confirmation of the appointments of 
Thomas W. D'Alonzo and Kenneth R. Harris to membership on the State Board of 
Education. 

Referred to Education Committee. 



April 30, 1991 



322 SENATE JOURNAL [Session 

On motion of Senator Winner, seconded by Senator Johnson, the Senate adjourns at 
4:09 P.M. in memory of Garnett Greenwood, wife of Gordon H. Greenwood, Represen- 
tative from Buncombe County, to meet tomorrow, May 1, at 3:00 P.M. 



FIFTY-THIRD DAY 



Senate Chamber, 
Wednesday, May 1, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, in these turbulent and perplexing times we are living in today, when each day 
brings greater challenges than the day before, help us to seek You out, to experience the 
piece of knowing You, that You Are Alpha/Omega, beginning and end. 

"You go before us and behind us. You go with us as we go. You know our problems, 
and You Are the Source of our strength. 

"As we go forward, help us to pray as if all we do depends on You, and help us to work 
as if all we do depends on us. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, April 
30, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Parnell and to Senator 
Odom, who is visiting his son. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 10 (House Committee Substitute), an act to make certain technical and clarify- 
ing amendments to Chapter 126 of the General Statutes regarding the State Personnel 
System. (Ch. 65) 

S.B. 161, an act to require that the Department of Human Resources complete staff 
review of local negative actions within sixty days. (Ch. 66) 

H.B. 157 (Senate Committee Substitute), an act to amend the Charter of the City of 
Greensboro with respect to fair housing. (Ch. 67) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.B. 800, a bill regarding the allocation of space in the new Education Building, with 
a favorable report. 



May 1, 1991 



1991] SENATE JOURNAL 323 

S.B. 722, a bill to expand the jurisdiction of the Legislative Ethics Committee, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill, with 
Amendment attached. 

On motion of Senator Winner, the rules are suspended, and the Committee Substitute 
bill with Amendment attached, is placed before the Senate for immediate consideration 
for adoption. 

The Chair rules the vote will be taken on the Committee Substitute bill with amend- 
ment. 

Pursuant to Rule 28, Senator Winner rises and requests division of the amendment 
from the Committee Substitute bill. 

The Chair divides the question. The question becomes the adoption of the amend- 
ment. 

Senator Winner offers a motion to place the amendment on the Calendar for tomorrow 
for adoption and further moves the adoption of the Committee Substitute bill. 

The Chair rescinds his ruling and rules that the Committee Substitute bill with amend- 
ment cannot be divided. 

Senator Winner offers a motion that the Committee Substitute bill with amendment be 
placed on the Calendar for tomorrow, May 2, for adoption. 

Senator Soles offers a substitute motion that the Committee Substitute bill with amend- 
ment be recommitted to the Rules and Operation of the Senate Committee. 

Pursuant to Rule 25(h), the Chair rules the motion of Senator Soles to recommit the 
Committee Substitute with amendment to the Rules and Operation of the Senate 
Committee, out of order. 

Without objection, Senator Winner withdraws his motion to place the Committee Sub- 
stitute bill with amendment on the Calendar for tomorrow, May 2, for adoption. 

Senator Soles offers a motion to re-refer the Committee Substitute bill with amend- 
ment to the Judiciary I Committee. 

Senator Hyde rises to a parliamentary inquiry as to the motion to re-refer being debat- 
able. 

The Chair rules the motion debatable. 

Senator Barnes rises to a point of order as to the re-referral of the bill and the proposed 
Committee Substitute bill under the motion. 

Prior to a ruling of the Chair, Senator Soles withdraws his motion to re-refer the 
measure to the Judiciary I Committee and the Committee Substitute bill with amend- 
ment remains before the Senate for adoption. 

Senator Soles rises to a point of order as to the question before the Senate. 

The Chair rules the Committee Substitute bill with amendment is before the Senate for 
adoption. 

Pursuant to Rule 28, Senator Winner requests division of the measure. The Chair 
rules the question not divisible. 

Senator Winner rises to a point of order as to the Committee Substitute bill being open 
to further amendment. 

The Chair rules the Committee Substitute bill is open to further amendment, subse- 
quent to its adoption. 

The Committee Substitute bill with amendment is adopted (46-2) and is placed on the 
Calendar for tomorrow, May 2, for further consideration, upon second reading. 

By Senator Hyde for the Constitution Committee: 

S.B. 244, a bill to provide for a referendum in November 1992 to amend the Constitu- 
tion to provide for a gubernatorial veto requiring a three-fifths vote to override, with a 
favorable report. 

On motion of Senator Hyde , the bill is placed on the Calendar for Tuesday , May 7 , for 
further consideration. 



May 1, 1991 



324 SENATE JOURNAL [Session 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 225 (Committee Substitute No. 2), a bill to authorize Dare County to increase 
its occupancy tax, levy a restaurant tax, and create a tourism board to promote tourism 
in Dare County, with a favorable report. 

On motion of Senator Lee, the Committee Substitute bill No. 2 is re-referred to the 
Finance Committee. 

S.B. 578, a bill to allow Pender County to acquire property for use by the Pender 
County Board of Education, with a favorable report. 

S.B. 615, a bill to amend the Charter of the City of Wilmington with respect to the 
enforcement of building and housing ordinances, with a favorable report. 

S.B. 510, a bill to change the procedure for certifying municipal ad valorem tax valu- 
ations in Wake County to the Wake County Board of Alcoholic Control, with a favorable 
report. 

By Senator Perdue for the Higher Education Committee: 

S.B. 280, a bill to create the North Carolina Center for Applied Textile Technology, 
with a favorable report, as amended. 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S.B. 575, a bill adding Caswell County to those counties authorized to regulate tres- 
passing to hunt or fish on private lands by local ordinance, with a favorable report. 

S.B. 635, a bill to eliminate the criminal penalty for taking migratory game birds with 
an unplugged or improperly plugged shotgun, with a favorable report. 

S.B. 636, a bill to provide for a horse owners' assessment, with a favorable report. 

S.B. 654, a bill to authorize the Board of Agriculture to adopt rules for the storage of 
fertilizer materials, with a favorable report. 

H.B. 374, a bill to provide for a person hunting or applying for a hunting license to 
sign a statement on a form provided by the Wildlife Resources Commission confirming 
that he had a hunting license prior to the requirement of a hunter safety course, with a 
favorable report. 

H.B. 392 (Committee Substitute), a bill to extend the requirement that hunters wear 
blaze orange to encompass the hunting of other types of game, with a favorable report. 

S.B. 530, a bill to repeal the sunset on open seasons for taking foxes with weapons 
and by trapping in certain counties, with a favorable report, as amended. 

S.B. 502, a bill to establish a "no-wake" speed zone for motorboats at Topsail Island 
in Pender County, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 502 (Committee Substitute), a bill to abolish 
the "no-wake" speed zone for motorboats in Topsail Sound in Pender County, is placed 
before the Senate for immediate consideration. 

On motion of Senator Speed, the Committee Substitute bill is adopted, and on his 
further motion, is placed on the Calendar for tomorrow, May 2, for further consider- 
ation. 

S.B. 511, a bill to regulate hunting and the use of firearms in Wake County, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 



May 1, 1991 



1991] SENATE JOURNAL 325 

On motion of Senator Speed, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

By Senator Murphy for the Human Resources Committee: 

S . B . 294 , a bill adopting the Adult Substance Abuse Treatment Plan , with a favorable 
report. 

S.B. 357 , a bill to revise the advisory functions of the nutrition program in the Depart- 
ment of Environment, Health, and Natural Resources, with a favorable report. 

S.B. 358, a bill to authorize the Department of Environment, Health, and Natural 
Resources to impose a monetary penalty for violation of rules governing nutrition stan- 
dards, with a favorable report. 

S.B. 411 , a bill to abolish the Perinatal Health Care Program Advisory Council, with 
a favorable report. 

S.B. 449, a bill to require operating permits for community water systems regulated 
under the North Carolina Drinking Water Act and to authorize the collection of fees for 
such permits, with a favorable report. 

On motion of Senator Murphy, the bill is re-referred to the Finance Committee. 

S.B. 476, a bill to regulate the temperature of home water heaters to help reduce the 
risk of injuries and death, with a favorable report. 

S.B. 758, a bill pertaining to training requirements for tanning bed operators, with a 
favorable report. 

S.B. 293, a bill to allow area authorities to provide services under contract to certain 
entities, with a favorable report, as amended. 

S.B. 240 , a bill to establish continuing education requirements for cosmetology teach- 
ers and to require adequate ventilation in shops and schools, with a favorable report, as 
amended. 

S.B. 58, a bill to authorize qualified dentists to administer general anesthesia, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Murphy, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Murphy, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

S.B. 360, a bill to change the definition of "imminent hazard" as it applies to Chapter 
130 A of the General Statutes, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Murphy, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Murphy, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

By Senator Conder for the Education Committee: 

S.B. 599, a bill permitting the child of a legislator to attend school in the local school 
administrative unit in which he resides while his parent serves in the General Assembly, 
with a favorable report. 



May 1, 1991 



326 SENATE JOURNAL [Session 

H. J.R. 695, a joint resolution providing for confirmation of the appointments of Tho- 
mas W. D' Alonzo and Kenneth R. Harris to membership on the State Board of Educa- 
tion, with a favorable report. 

S.B. 620, a bill to change the maintenance of effort provision for the public schools of 
Robeson County, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. The Chair orders the bill, as amended, 
engrossed and re-referred to the Finance Committee. 

S.B. 117, a bill to encourage cooperative educational efforts between the Department 
of Public Education and the Department of Community Colleges, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Conder, the Committee Substitute bill is re-referred to the 
Higher Education Committee. 

S.B. 732, a bill to establish the Project Genesis Program, an experiment with a re- 
structured school approach for the public schools, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Conder, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

By Senator Raynor for the Veteran and Military Affairs, Law Enforcement, 
and Senior Citizens Committee: 

S.B. 595, a bill to create a study on access to health insurance, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Raynor, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Raynor, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 659, a bill to make amendments to Statutes governing National Guard awards, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Raynor, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Raynor, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

By Senator Soles for the Judiciary I Committee: 

S.B. 627, a bill that, in order to achieve greater judicial efficiency, authorizes the 
Supreme Court to adopt rules that will allow the Court to rule on most types of motions 
without a hearing when the opposing party fails to respond to the motion within thirty 
days, with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 627 (Committee Substitute), a bill that, in 
order to achieve greater judicial efficiency, allows the Court to rule on most types of 
motions without a hearing when the opposing party fails to respond to the motion within 
thirty days, is placed before the Senate for immediate consideration. 



May 1, 1991 



1991] SENATE JOURNAL 327 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his fur- 
ther motion, is placed on the Calendar for Tuesday, May 7, for further consideration. 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 270, a bill to remove the career limitation for employer-approved educational 
leaves of absence, with a favorable report. 

On motion of Senator Sherron, the bill is re-referred to the Pensions and Retire- 
ment Committee. 

S.B. 277, a bill to assist State agencies in filling vacancies within shortage occupa- 
tions, including nursing, with a favorable report. 

S.B. 428, a bill to provide for a review of the effect of the creation or expansion of a 
State department on the Department of Justice, with a favorable report. 

On motion of Senator Sherron, the bill is re-referred to the Appropriations 
Committee. 

S.B. 634, a bill to repeal acts directing the North Carolina Department of Environ- 
ment, Health, and Natural Resources to build a regional beach access facility, with a 
favorable report. 

S.B. 340, a bill to make various amendments to the North Carolina Alarm Systems 
Licensing Act, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. The Chair orders the bill, as amended, 
engrossed and re-referred to the Finance Committee. 

S.B. 436, a bill to add two new members to the Parole Commission and to provide for 
staggered terms for all members of the Parole Commission, with a favorable report, as 
amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. The Chair orders the bill, as amended, 
engrossed and re-referred to the Appropriations Committee. 

S.B. 336, a bill to repeal the expiration date of the North Carolina Medical Database 
Commission, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Sherron, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Sherron, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

By Senator Sands for the Judiciary II Committee: 

S.B. 518, a bill to define and make criminal interference with animal research, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

S.B. 791, a bill to establish a pilot program of mediated settlement conferences in 
Superior Court actions , with an unfavorable report as to bill , but favorable as to Commit- 
tee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 



May 1, 1991 



328 SENATE JOURNAL [Session 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calendar 
for tomorrow, May 2, for further consideration. 

WITHDRAWAL FROM CALENDAR 

S.B. 732 (Committee Substitute), a bill to establish the Project Genesis Program, an 
experiment with a restructured school approach for the public schools. 

Senator Marvin offers a motion that the Committee Substitute bill be taken from the 
Calendar for tomorrow, May 2, and placed on the Calendar for Monday, May 6, which 
motion prevails. The Chair orders the Committee Substitute bill placed on the Calendar 
for Monday, May 6. 

RECONSIDERATION 

H. B. 267, a bill to amend the definition of "business opportunity, " which passed third 
reading April 30. 

Pursuant to Rule 24, Senator Sands offers a motion that the bill be recalled from the 
Office of the Principal Clerk for the purpose of offering a motion to reconsider, which 
motion prevails. 

The bill is recalled from the Office of the Principal Clerk and placed before the Senate. 
Senator Sands offers a motion that the vote by which the bill, as amended, passed its 
third reading be reconsidered, which motion prevails, and the question becomes the pas- 
sage of the bill, as amended, on its third reading. 

Senator Sands offers Amendment No. 2, amending Amendment No. 1, which is 
adopted (48-0). 

Consequently, the bill, as amended, passes its third reading (48-0) and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendments No. 1 and 
No. 2. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Tally, Warren, Ward, Marvin, and Plexico: 

S.B. 847, a bill to appropriate funds for the Community-Based Alternatives Program. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 848, a bill to conform North Carolina inheritance and gift tax provisions to fed- 
eral estate and gift tax provisions regarding qualified terminable interest property. 
Referred to Finance Committee. 

By Senator Walker: 

S.B. 849, a bill to appropriate funds to increase the level of funding for services for the 
mentally retarded/developmentally disabled. 
Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 850 , a bill to appropriate funds for housing and urban development homes for the 
developmentally disabled and the mentally ill. 
Referred to Appropriations Committee. 

By Senators Warren and Martin of Pitt: 

S.B. 851 , a bill to appropriate funds for land acquisition for East Carolina University. 

Referred to Appropriations Committee. 



May 1, 1991 



1991] SENATE JOURNAL 329 

By Senators Warren and Martin of Pitt: 

S.B. 852, a bill to appropriate funds for the East Carolina University Library expan- 
sion. 

Referred to Appropriations Committee. 

REMOVAL OF ENDORSEMENT 

Senator Perdue submits the following: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

April 30, 1991 

TO MEMBERS OF THE NORTH CAROLINA SENATE: 

I respectfully request that my name be deleted as a sponsor of S.B. 815, Consent for 
Minor's Abortion. 

Sincerely, 
S/Beverly M. Perdue 

With unanimous consent, Senator Perdue is allowed to remove her endorsement of the 
measure. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 314 (Committee Substitute), a bill to provide for the implementation of pro- 
grams to address the nursing shortage in North Carolina. 
Referred to Higher Education Committee. 

H.B. 478 (Committee Substitute), a bill to clarify the type of device covered by the 
Amusement Device Safety Act. 

Referred to Manufacturing and Labor Committee. 

H.B. 689 (Committee Substitute), a bill to redistrict the Madison County Board of 
Education, change the manner of election from partisan to nonpartisan, change the time 
of taking office from April to December, and provide for the separate election of the 
chairman, all subject to a referendum. 

Referred to Education Committee. 

H.B. 821, a bill to amend the provisions of the Natural Death Act to include the 
medical condition of persistent vegetative state. 
Referred to Human Resources Committee. 

H.B. 854, a bill regarding the contracts of superintendents of local boards of educa- 
tion. 

On motion of Senator Conder, the bill is placed on the Calendar for Thursday, May 9. 

H.B. 923 (Committee Substitute) , a bill to clarify the procedures governing the nomi- 
nation and election of members of the Board of Governors of the University of North 
Carolina. 

Referred to Higher Education Committee. 



May 1, 1991 



330 SENATE JOURNAL [Session 

H.B. 1047 (Committee Substitute), a bill to eliminate double taxation of alarm sys- 
tems installers licensed by the Alarm Systems Licensing Board. 
Referred to Finance Committee. 

S.B. 148, a bill to clarify that the production of crops, fruits, vegetables, ornamental 
and flowering plants, etc. , is a bona fide farm purpose in the zoning statutes, for concur- 
rence in House Amendment No. 1, which is placed on the Calendar for tomorrow, 
May 2. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 426 (Committee Substitute No. 2), a bill to revise and recodify as Chapter 10A 
the Statutes relating to notaries, upon third reading. 

On motion of Senator Sands, the Committee Substitute bill No. 2 is taken up out of its 
regular order of business, and on his further motion, is re-referred to the Judiciary II 
Committee. 

S.B. 412 (Committee Substitute) , a bill to amend certification requirements for water 
treatment facility operators. 

The Committee Substitute bill passes its second (42-4) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 422 (Committee Substitute), a bill to make clarifying changes to the laws con- 
cerning the Sheriffs' Education and Training Standards Commission. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

The President of the Senate relinquishes the gavel to Senator Barnes, President Pro 
Tempore, who presides, in his absence. 

S.B. 597 (Committee Substitute) , a bill to provide attorneys' fees to prevailing parties 
in actions relating to statutory liens on real property and payment and performance 
bonds. 

The Committee Substitute bill passes its second reading (35-11). 

Senator Ballance objects to the third reading of the measure. Without objection, on 
motion of Senator Soles, the Committee Substitute bill is placed on the Calendar for 
Tuesday, May 7, for further consideration, upon third reading. 

S.B. 716, a bill to make various changes to laws permitting grand juries to investigate 
drug-trafficking charges. 

On motion of Senator Daniel, consideration of the bill is postponed until tomorrow, 
May 2. 

S.B. 763, a bill to provide that the district attorney may take a voluntary dismissal in a 
deferred prosecution. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 398 (Committee Substitute), a bill to amend the Business Corporation Act and 
make a conforming amendment to G.S. 47-18.1 as recommended by the General Stat- 
utes Commission and to amend G.S. 55-7-28, upon third reading. 

The Committee Substitute bill passes its third reading (45-0) and is ordered sent to the 
House of Representatives. 

On motion of Senator Royall, seconded by Senator Johnson, the Senate adjourns at 
4:10 P.M. to meet tomorrow, May 2, at 1:30 P.M. 



May 1, 1991 



1991] SENATE JOURNAL 331 

FIFTY-FOURTH DAY 

Senate Chamber, 
Thursday, May 2, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Lord and Friend, someone recently said/be kind. Remember everyone you 
meet is fighting a hard battle.' 

"We confess Father, that one of the pitfalls of working with the big picture is that it is 
easy to forget that the big picture is made up of many smaller pictures. This Body is 
responsible for decisions that affect the lives of hundreds of thousands of people. As 
these servants of our State make those decisions, help them to remember that each num- 
ber or statistic represents a person, or a family, or a community. Remind all of us that 
life is indeed a struggle, and that the kindness we show each other can sometimes be the 
only source of comfort and relief in an otherwise hectic and stressful day. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, May 1, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Odom; to Senator Block, 
due to the death of his brother-in-law; and to Senator Marvin, who is attending an invi- 
tational Symposium on Children sponsored by Johns Hopkins University and a consor- 
tium of other interested parties. 

The President grants courtesies of the floor to Worth Gentry, former Representative 
from Stokes County. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 34 (Senate Committee Substitute), an act to increase the penalties for viola- 
tions of the debt collection practices acts. (Ch. 68) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the re- 
ports accompanying them, and take their place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 377, a bill to allow discretion by the Secretary of Environment, Health, and 
Natural Resources as to whether to seek federal approval of any inactive hazardous sub- 
stance or waste disposal site cleanup, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill which changes the title to read S.B. 377 (Committee Substitute), a bill to allow 
discretion by the Secretary of Environment, Health, and Natural Resources as to wheth- 
er to seek federal approval of any inactive hazardous substance or waste disposal site 
cleanup and as to whether environmental permits are required for cleanups conducted 
entirely on-site, is placed before the Senate for immediate consideration. 



May 2, 1991 



332 SENATE JOURNAL [Session 

On motion of Senator Tally, the Committee Substitute bill is adopted, and on her fur- 
ther motion is placed on the Calendar for Monday, May 6, for further consideration. 

S.B. 773, a bill to permit recyclable plastic yokes or ring type holding devices, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on her further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is placed on the Calendar 
for Monday, May 6, for further consideration. 

S. B. 802, a bill to make clarifying, conforming, and technical amendments to various 
laws relating to environment, health, and natural resources, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on her further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is placed on the Calendar 
for Monday, May 6, for further consideration. 

By Senator Soles for the Judiciary I Committee: 

S.B. 281, a bill to provide review officers with subpoena power, with a favorable 
report. 

S.B. 744, a bill to provide for the expunction of the record of a defendant not pre- 
viously convicted of a felony when criminal charges against the defendant are dismissed 
or there is a finding of not guilty, with a favorable report. 

S.B. 315, a bill to clarify the role of physicians in promoting highway safety, with a 
favorable report, as amended. 

S.B. 655, a bill to clarify the respective responsibilities of the counties and of the State 
for the expenses incurred in jury selection, with a favorable report, as amended. 

S.B. 706, a bill to provide for the enforcement of certain North Carolina laws regard- 
ing corporate acquisitions, with a favorable report, as amended. 

By Senator Seymour, Vice-Chairman, for Senator Odom, Chairman, for the 
Insurance Committee: 

S.B. 656, a bill to give the Commissioner of Insurance discretion to accept unaudited 
financial statements with motor club license renewal applications, with a favorable 
report, as amended. 

S.B. 333, a bill to make technical amendments to and corrections in the insurance 
laws, with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Seymour, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration, and on her further 
motion, the Committee Substitute bill is adopted. 

On motion of Senator Seymour, the Committee Substitute bill is placed on the Calen- 
dar for Monday, May 6, for further consideration. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 477, a bill to permit New Hanover County to provide procedures for evaluating 
contractors by ordinance, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion, the 
Committee Substitute bill is adopted. 



May 2, 1991 



1991] SENATE JOURNAL 333 

On motion of Senator Lee, the Committee Substitute bill is placed on the Calendar for 
Monday, May 6, for further consideration. 

S.B. 623, a bill to make various amendments to laws applicable in Orange and 
Chatham Counties, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion, the 
Committee Substitute bill is adopted. 

On motion of Senator Lee, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Sands for the Judiciary II Committee: 

S.B. 685, a bill to provide notice to each secured party or other person claiming an 
interest in a motor vehicle, when the holder of a lien asserts his lien and proposes sale of 
the motor vehicle to satisfy the lien, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 782, a bill to provide that the prohibition against carrying a concealed weapon 
shall not apply to State and federal judges and prosecutors, with a favorable report. 

S.B. 438, a bill to allow the Department of Environment, Health, and Natural 
Resources to protect certain confidential information, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calendar 
for Monday, May 6, for further consideration. 

By Senator Ballance for the Alcoholic Beverage Control Committee: 

S.B. 537, a bill to modify the distribution of the profits from the City of Statesville 
ABC System, with a favorable report. 

S.B. 624, a bill to clarify the applicability of the winery special show permit to be 
renamed the winery special event permit, with a favorable report. 

S.B. 754, a bill to regulate Sunday sales and consumption of alcoholic beverages, 
with a favorable report. 

H.B. 545, a bill to change the audits of ABC profits in the Town of Angier from 
quarterly to annually, with a favorable report. 

S.B. 343, a bill amending the alcoholic beverage control laws, with a favorable 
report, as amended. 

By Senator Conder, Vice-Chairman, for Senator Block, Chairman, for the Pen- 
sions and Retirement Committee: 

S.B. 230, a bill to make the effective date of the law increasing death benefits for 
teachers and State employees the date of ratification of that Act, with a favorable report. 

On motion of Senator Conder, the bill is re-referred to the Appropriations 
Committee. 

By Senator Daniel for the Finance Committee: 

S.B. 508, a bill to establish a fee for feed testing, with a favorable report. 



May 2, 1991 



334 SENATE JOURNAL [Session 

S.B. 553, a bill to prohibit hunting on or across the right-of-way of public roads or 
highways in a portion of Franklin County and to require written permission before hunt- 
ing on or across the right-of-way of public roads or highways in the remainder of 
Franklin County, with a favorable report. 

S.B. 650, a bill to expedite adoptions through the voluntary payment of fees for 
certain services, with a favorable report. 

H. B. 9, a bill to reinstate sales tax on mopeds, tow dollies, and certain vehicle bodies 
and to establish a uniform long-term leasing rate, with a favorable report. 

H.B. 688, a bill to authorize Martin County to levy a room occupancy and travel and 
tourism tax, with a favorable report. 

S.B. 498, a bill to merge the Edgecombe County and Tarboro City School Adminis- 
trative Units, with a favorable report, as amended. 

S.B. 622, a bill authorizing Orange County to levy an occupancy tax and Chapel Hill 
and Carrboro to increase their motor vehicle taxes, with a favorable report, as amended. 

S.B. 69 (Committee Substitute) , a bill to regulate the transmission of money and the 
sale of checks, with an unfavorable report as to Committee Substitute bill No. 1, but 
favorable as to Committee Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill No. 2 is placed before the Senate for immediate consideration, and on his further 
motion, the Committee Substitute bill No. 2 is adopted. 

On motion of Senator Daniel, the Committee Substitute bill No. 2 is placed on the 
Calendar for Monday, May 6, for further consideration. 

S.B. 152, a bill to index the amount of the property tax homestead exemption and the 
amount of the income limit for eligibility for the exemption, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill which changes the title to read S.B. 152 a bill to index the amount of the property tax 
homestead exemption and the amount of the income limit for eligibility for the exemption 
and to phase out the State reimbursement to localities for a portion of the lost tax reve- 
nue, is placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted, and on his 
further motion, is placed on the Calendar for Monday, May 6, for further consideration. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Martin of Guilford, Murphy, and Seymour: 

S.B. 853, a bill to establish and appropriate funds for architecture scholarships for 
qualified graduates and undergraduates of North Carolina Agricultural and Technical 
State University. 

Referred to Appropriations Committee. 

By Senators Soles and Parnell: 

S.B. 854, a bill to appropriate funds for Southeastern Regional Mental Health Center 
for Adult Developmental Activity Programs' transportation. 
Referred to Appropriations Committee. 



May 2, 1991 



1991] SENATE JOURNAL 335 

By Senator Odom: 

S. B. 855, a bill to require all visually impaired special education students to receive a 
Braille assessment and appropriate educational services and to appropriate funds for 
these services and for increasing the number of teachers certified to teach Braille. 

Referred to Human Resources Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Odom: 

S.B. 856, a bill to appropriate funds to Discovery Place for operating expenses. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 857, a bill to appropriate funds to provide services and establish coordinated 
managed care programs for the high-risk elderly. 
Referred to Appropriations Committee. 

By Senators Warren and Martin of Pitt: 

S.B. 858, a bill to appropriate funds for the Eastern Regional Conference Center at 
East Carolina University. 

Referred to Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 148 (Committee Substitute), a bill to increase State effort to prevent dropping 
out of school before graduation. 

Referred to Education Committee. 

H.B. 186, a bill to provide that certain designated State publications be printed on 
alkaline paper. 

Referred to State Personnel and State Government Committee. 

H.B. 482 (Committee Substitute) , a bill to rewrite the laws on third party administra- 
tors. 

Referred to Insurance Committee. 

H.B. 569, a bill to regulate personnel records of Community College System 
employees and related matters. 

Referred to Higher Education Committee. 

H.B. 664 (Committee Substitute), a bill to remove certain property from the corpo- 
rate limits of the Town of Farmville. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 682, a bill to increase the maximum fine for violations of certain New Hanover 
County ordinances and of certain ordinances of the municipalities therein. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 685, a bill regarding discounts for payments of property tax in Surry County. 
Referred to Finance Committee. 

H.B. 711, a bill to reinstate the original name of SR 1632 in Craven County as "New 
Road." 

Referred to Local Government and Regional Affairs Committee. 

H.B. 712, a bill to prohibit hunting on, from, or across the right-of-way of N.C. 
Highway 55 and N.C. Highway 306 in Pamlico County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



May 2, 1991 



336 SENATE JOURNAL [Session 

H.B. 747, a bill to authorize the Towns of Matthews, Mint Hill, and Pineville in 
Mecklenburg County to regulate in certain extraterritorial areas. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 785, a bill to allow the Pamlico County School Board to convey the Hobucken 
Community Development, Inc., certain school property. 
Referred to Education Committee. 

H.B. 794, a bill to allow Sampson County to acquire property for use by the Sampson 
County Board of Education. 

Referred to Education Committee. 

H.B. 811, a bill to change the term of office of the Madison County tax collector from 
two years to four years beginning in 1992. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 965 (Committee Substitute), a bill to authorize the advancement of funds for 
revenue bond projects by political subdivisions and the repayment of these advances from 
revenue bond proceeds, and to provide for the appointment of county and city officials to 
governing boards of authorities. 

Referred to Local Government and Regional Affairs Committee and, upon a 
favorable report, re-referred to the Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 615, a bill to amend the Charter of the City of Wilmington with respect to the 
enforcement of building and housing ordinances. 

On motion of Senator Ballance, the bill is taken upon out of its regular order of busi- 
ness, and on his further motion, is postponed until Monday, May 6. 

S.B. 722 (Committee Substitute), a bill to expand the jurisdiction of the Legislative 
Ethics Committee. 

On motion of Senator Winner, the Committee Substitute bill is taken up out of its 
regular order of business, and on his further motion, is postponed until Monday, May 6 . 

S.B. 502 (Committee Substitute), a bill to abolish the "no-wake" speed zone for 
motorboats in Topsail Sound in Pender County. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

S.B. 510, a bill to change the procedure for certifying municipal ad valorem tax valu- 
ations in Wake County to the Wake County Board of Alcoholic Control. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 511 (Committee Substitute) , a bill to regulate hunting and the use of firearms in 
Wake County. 

On motion of Senator Sherron, consideration of the Committee Substitute bill is post- 
poned until Monday, May 6. 

S.B. 530, a bill to repeal the sunset on open seasons for taking foxes with weapons 
and by trapping in certain counties. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (39-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



May 2, 1991 



1991] SENATE JOURNAL 337 

S.B. 575, a bill adding Caswell County to those counties authorized to regulate tres- 
passing to hunt or fish on private lands by local ordinance. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 578, a bill to allow Pender County to acquire property for use by the Pender 
County Board of Education. 

On motion of Senator Kaplan, consideration of the bill is postponed until Tuesday, 
May 7. 

S.B. 58 (Committee Substitute), a bill to authorize qualified dentists to administer 
general anesthesia. 

On motion of Senator Murphy, consideration of the Committee Substitute bill is post- 
poned until Tuesday, May 7. 

S.B. 358, a bill to authorize the Department of Environment, Health, and Natural 
Resources to impose a monetary penalty for violation of rules governing nutrition stan- 
dards. 

On motion of Senator Murphy, the bill is taken up out of its regular order of business, 
and on his further motion, is postponed until Tuesday, May 7. 

S.B. 758, a bill pertaining to training requirements for tanning bed operators. 
On motion of Senator Murphy, the bill is taken up out of its regular order of business, 
and on his further motion, is postponed until Monday, May 13. 

S.B. 280, a bill to create the North Carolina Center for Applied Textile Technology. 
On motion of Senator Perdue, the bill is taken up out of its regular order of business, 
and on her further motion, is postponed until Tuesday, May 7. 

S.B. 240 , a bill to establish continuing education requirements for cosmetology teach- 
ers and to require adequate ventilation in shops and schools. 

On motion of Senator Murphy, Committee Amendment No. 1 is is adopted. 

The bill, as amended, passes its second reading (44-1). 

Senator Sands objects to the third reading of the measure which remains on the Calen- 
dar for Monday, May 6, for further consideration, upon third reading. 

S.B. 277, a bill to assist State agencies in filling vacancies within shortage occupa- 
tions, including nursing. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 293, a bill to allow area authorities to provide services under contract to certain 
entities. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 294, a bill adopting the Adult Substance Abuse Treatment Plan. 
The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 336 (Committee Substitute), a bill to amend the law relating to the North 
Carolina Medical Database Commission. 

The Committee Substitute bill passes its second (26-11) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 357 , a bill to revise the advisory functions of the nutrition program in the Depart- 
ment of Environment, Health, and Natural Resources. 

The bill passes its second (38-0) and third readings and is ordered sent to the House of 
Representatives. 



May 2, 1991 



338 SENATE JOURNAL [Session 

S.B. 360 (Committee Substitute), a bill to change the definition of "imminent haz- 
ard" as it applies to Chapter 130A of the General Statutes. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 411, a bill to abolish the Perinatal Health Care Program Advisory Council. 
The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

RECONSIDERATION 

S.B. 336 (Committee Substitute), a bill to amend the law relating to the North 
Carolina Medical Database Commission, which passed third reading earlier today. 

Pursuant to Rule 24, Senator Johnson offers a motion that the vote by which the Com- 
mittee Substitute bill passed its third reading be reconsidered, which motion prevails and 
the question becomes the passage of the measure upon its third reading. 

Without objection, on motion of Senator Johnson, the Committee Substitute bill is 
placed on the Calendar for Monday, May 6, for further consideration, upon third read- 
ing. 

CALENDAR (Continued) 

S.B. 476, a bill to regulate the temperature of home water heaters to help reduce the 
risk of injuries and death. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 518 (Committee Substitute) , a bill to define and make criminal interference with 
animal research. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 599, a bill permitting the child of a legislator to attend school in the local school 
administrative unit in which he resides while his parent serves in the General Assembly. 

Pursuant to Rule 29, Senator Sands requests to be excused from voting on the measure. 

The Senate excuses Senator Sands from voting on S.B. 599, without objection. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 240 , a bill to establish continuing education requirements for cosmetology teach- 
ers and to require adequate ventilation in shops and schools, as amended, placed on the 
Calendar for Monday, May 6, earlier today upon third reading. 

Senator Sands withdraws his objection to third reading and with unanimous consent, 
the bill is withdrawn from the Calendar of Monday, May 6, and is placed before the 
Senate for further consideration upon its third reading. 

The bill, as amended, passes its third reading (42-0) and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 634, a bill to repeal acts directing the North Carolina Department of Environ- 
ment, Health, and Natural Resources to build a regional beach access facility. 

The bill passes its second (36-8) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 635 , a bill to eliminate the criminal penalty for taking migratory game birds with 
an unplugged or improperly plugged shotgun. 

The bill passes its second (43-0) and third readings and is ordered sent to the House of 
Representatives. 



May 2, 1991 



1991] SENATE JOURNAL 339 

S.B. 636, a bill to provide for a horse owners' assessment. 

On motion of Senator Daniel, the bill is re-referred to the Finance Committee. 

S.B. 654, a bill to authorize the Board of Agriculture to adopt rules for the storage of 
fertilizer materials. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 659 (Committee Substitute), a bill to make amendments to Statutes governing 
National Guard awards. 

The Committee Substitute bill passes its second (44-0) and third readings an is 
ordered sent to the House of Representatives. 

S.B. 716, a bill to make various changes to laws permitting grand juries to investigate 
drug-trafficking charges. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 791 (Committee Substitute), a bill to establish a pilot program of mediated 
settlement conferences in Superior Court actions. 

Senator Winner offers Amendment No. 1 which is adopted (42-0). 

The Committee Substitute bill, as amended, passes its second (43-0) and third read- 
ings and is ordered engrossed and sent to the House of Representatives. 



WITHDRAWAL FROM CALENDAR 

S.B. 336 (Committee Substitute), a bill to amend the law relating to the North 
Carolina Medical Database Commission, placed by motion on the Calendar for 
Monday, May 6, upon third reading. 

Senator Johnson offers a motion that the Committee Substitute bill be taken from the 
Calendar for Monday, May 6, and placed before the Senate for further consideration, 
upon third reading, which motion prevails with unanimous consent. The Committee 
Substitute bill is placed before the Senate and the question becomes the passage of the 
measure upon third reading. 

Senator Johnson offers Amendment No. 1 which is adopted (42-0). 

The Committee Substitute bill, as amended, passes its third reading (43-0) and is 
ordered engrossed and sent to the House of Representatives. 



CALENDAR (Continued) 

S.B. 800, a bill regarding the allocation of space in the new Education Building. 
The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 



RECOMMITTAL 

S.B. 685, a bill to provide notice to each secured party or other person claiming an 
interest in a motor vehicle, when the holder of a lien asserts his lien and proposes sale of 
the motor vehicle to satisfy the lien, re-referred to the Finance Committee, earlier 
today. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and recommitted to the Judiciary II Committee, which 
motion prevails, and the Chair orders the bill recommitted to the Judiciary II 
Committee. 



May 2, 1991 



340 SENATE JOURNAL [Session 

CALENDAR (Continued) 

H.B. 374, a bill to provide for a person hunting or applying for a hunting license to 
sign a statement on a form provided by the Wildlife Resources Commission confirming 
that he had a hunting license prior to the requirement of a hunter safety course. 

The bill passes its second (38-0) and third readings and is ordered enrolled. 

H.B. 392 (Committee Substitute), a bill to extend the requirement that hunters wear 
blaze orange to encompass the hunting of other types of game. 

Senator Barnes offers a motion that consideration of the Committee Substitute bill be 
postponed until Monday, May 6, which motion he subsequently withdraws. 

The Committee Substitute bill passes its second (39-0) and third readings and is 
ordered enrolled. 

H.J.R. 695, a joint resolution providing for confirmation of the appointments of 
Thomas W. D'Alonzo and Kenneth R. Harris to membership on the State Board of 
Education. 

The joint resolution passes its second (37-0) and third readings and is ordered 
enrolled. 



RECONSIDERATION 

S.B. 336 (Committee Substitute), a bill to amend the law relating to the North 
Carolina Medical Database Commission, which passed a reconsidered third reading 
earlier today. 

Senator Martin of Guilford offers a motion to suspend the rules to the end that the vote 
by which the Committee Substitute bill, as amended, passed its third reading be recon- 
sidered a second time, which motion he subsequently withdraws. 



CALENDAR (Continued) 

S.B. 148, a bill to clarify that the production of crops, fruits, vegetables, ornamental 
and flowering plants, etc., is a bona fide farm purpose in the zoning statutes, for concur- 
rence in House Amendment No. 1, upon second reading. 

The Chair rules House Amendment No. 1 is not material, and the Senate concurs in 
House Amendment No. 1 (39-0). The bill is ordered enrolled. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, bills are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Cooper for the Economic Development Committee: 

S.B. 5, a bill to restructure the budget process so as to assure more stable budgeting, 
by providing for use of the prior calendar year's collections as the revenue estimates, 
limiting use of reversions to one-time expenditures, providing for annual budgets, and 
streamlining the legislative process as a result, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 5 (Committee Substitute), a bill to restructure 
the budget process to assure more stable budgeting, to provide for use of the prior calen- 
dar year's collections as the revenue estimates, to limit use of reversions to one-time 



May 2, 1991 



1991] SENATE JOURNAL 341 

expenditures, to provide for annual budgets, and to streamline the legislative process as a 
result, is placed before the Senate for immediate consideration. 

On motion of Senator Cooper, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee. 

By Senator Warren for the Travel, Tourism, and Cultural Resources 
Committee: 

S.B. 295, a bill to authorize the Museum of Natural Sciences and the Maritime 
Museum to sell or exchange objects, with a favorable report. 

S.B. 703, a bill to provide the travel and tourism policy of North Carolina, with a 
favorable report. 

H.B. 583, a bill to modify the composition of the Kinston-Lenoir County Tourism 
Development Authority, with a favorable report. 

S.B. 522, a bill to create the North Carolina Travel and Tourism Board, with a favor- 
able report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the 
Appropriations Committee. 

On motion of Senator Barnes, seconded by Senator Pollard, the Senate adjourns at 
3:30 P.M. to meet Monday, May 6, at 7:00 P.M. 



FIFTY-FIFTH DAY 



Senate Chamber, 
Monday, May 6, 1991. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Our Father, much will be asked of these Legislators in the coming weeks . The task at 
hand will require the absolute best that each Senator and staff member has to offer. 

"There are times, Father, when there are no easy answers. At those times it is impor- 
tant to know that You are there beside us, propping us up when we are tired, giving us 
patience when criticizing another would be easy, speaking to us in that quiet, yet distinc- 
tive Inner Voice within us all, saying 'I am with you, be not afraid.' 

"Remind us all, O God, that never was there a time when cooperation was more 
needed than now. Help this Body to seek out the best course for North Carolina, but 
first, help them to seek You. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, May 2, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for tonight to Senator Odom; to Senator 
Blackmon; to Senator Hartsell, who is attending a county commission meeting; and to 
Senator Winner and Senator Plexico, who are on a delayed flight. 



May 6, 1991 



342 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

S.B. 426 (Committee Substitute No. 2), a bill to revise and recodify as Chapter 10A 
the Statutes relating to notaries, with an unfavorable report as to Committee Substitute 
bill No. 2, but favorable as to Committee Substitute bill No. 3. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill No. 3 is placed before the Senate for immediate consideration, and on his further 
motion, the Committee Substitute bill No. 3 is adopted. 

On motion of Senator Sands, the Committee Substitute bill No. 3 is placed on the 
Calendar for tomorrow, May 7, for further consideration. 

By Senator Parnell for the Manufacturing and Labor Committee: 

S.B. 724, a bill amending the unemployment insurance law to add the definition of 
"extended base period," with a favorable report. 

S.B. 769, a bill to assure that the North Carolina Workers' Compensation Act 
extends to injuries outside the State for employees whose principal place of employment 
is in North Carolina, with a favorable report. 

S.B. 320, a bill to make technical changes to the Employment Security Law, with a 
favorable report, as amended. 

S.B. 123, a bill to authorize the transfer of plumbing and heating license numbers, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

On motion of Senator Parnell, the Committee Substitute bill is re-referred to the 
Finance Committee. 

S.B. 434, a bill to make certain technical amendments to the Workers' Compensa- 
tion Act, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 434 (Committee Substitute), a bill to make 
certain technical amendments to the Workers' Compensation Act and to increase 
assessments by the Industrial Commission for the Second Injury Fund, is placed before 
the Senate for immediate consideration. 

On motion of Senator Parnell, the Committee Substitute bill is adopted, and on his 
further motion, is re-referred to the Finance Committee. 



INTRODUCTION OF BILLS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Plexico: 

S.B. 859, a bill to appropriate funds for the Transylvania Dispute Settlement Center, 
Inc. 

Referred to Appropriations Committee. 



May 6, 1991 



1991] SENATE JOURNAL 343 

By Senator Walker: 

S.B. 860, a bill to appropriate funds for child abuse prevention programs and 
services. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 861, a bill to direct the Study Commission on Aging to conduct certain studies. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 862, a bill to appropriate funds to provide assistance to regional historic attrac- 
tions. 

Referred to Appropriations Committee. 

By Senators Speed, Conder, Hunt, Martin of Pitt, Parnell, and Soles: 

S.B. 863 , a bill to appropriate funds for the standards laboratory and to establish a fee 

schedule for the standards laboratory. 

Referred to Finance Committee and, upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senators Speed, Conder, Hunt, Martin of Pitt, Parnell, and Soles: 
S.B. 864, a bill to fund the Milk Sanitation Inspection Program. 
Referred to Appropriations Committee. 

By Senators Tally and Raynor: 

S.B. 865, a bill to appropriate funds for a residential substance abuse treatment facil- 
ity for Cumberland County Mental Health Center. 
Referred to Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 82, a bill to amend the bedding sanitation law. 
Referred to Human Resources Committee. 

H.B. 122, a bill to encourage State agencies and public schools to develop on- or 
near-site day care facilities for their employees. 
Referred to Human Resources Committee. 

H.B. 204 (Committee Substitute), a bill to require the Social Services Commission to 
adopt rules pertaining to the education requirements for domiciliary homes. 
Referred to Human Resources Committee. 

H.B. 309 (Committee Substitute), a bill to make various amendments to Chapter 84 
of the General Statutes relating to out-of-state attorneys, prepaid legal services, deposits 
of the State Bar, Board of Law Examiners records, and attorney discipline and disbar- 
ment. 

Referred to Judiciary I Committee. 

H.B. 315, a bill to assist State agencies in filling vacancies within shortage occupa- 
tions, including nursing. 

Referred to State Personnel and State Government Committee. 

H.B. 331, a bill to require two rear-vision mirrors on certain trucks, buses, and truck 
tractors. 

Referred to Transportation Committee. 



May 6, 1991 



344 SENATE JOURNAL [Session 

H.B. 344 (Committee Substitute), a bill to